First Substitute H.B. 169

Representative Michael E. Noel proposes the following substitute bill:

1 PUBLIC LANDS POLICY COORDINATION
2 AMENDMENTS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael E. Noel
6 Senate Sponsor: Dennis E. Stowell
7
8 LONG TITLE
9 General Description:
10 This bill eliminates the Public Lands Policy Coordinating Council and makes changes
11 concerning the Constitutional Defense Council and other entities concerning public
12 lands matters.
13 Highlighted Provisions:
14 This bill:
15 . addresses membership of the Constitutional Defense Council;
16 . addresses the council's duties;
17 . provides that the Public Lands Policy Coordinating Office assist the Office of the
18 Attorney General in providing staff support to the Constitutional Defense Council;
19 . addresses the development and updating of a plan for R.S. 2477 rights;
20 . provides for grants to counties for public lands issues with a state benefit;
21 . requires the Public Lands Policy Coordinating Office to report to and assist the
22 Constitutional Defense Council in carrying out the Constitutional Defense Council's
23 duties;
24 . addresses the state planning coordinator's duties;
25 . makes certain documents protected records under Title 63G, Chapter 2,

26 Government Records Access and Management Act;
27 . allows the Public Lands Policy Coordinating Office to enter into contracts with
28 other state agencies for services; and
29 . makes technical changes.
30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 63C-4-101, as last amended by Laws of Utah 2008, Chapter 382
37 63C-4-102, as last amended by Laws of Utah 2008, Chapter 382
38 63C-4-103, as last amended by Laws of Utah 2008, Chapter 382
39 63C-4-104, as last amended by Laws of Utah 2004, Chapter 345
40 63G-2-305, as last amended by Laws of Utah 2008, Chapters 3, 87, 95, 101, 111, 161,
41 196, 248, 352 and renumbered and amended by Laws of Utah 2008, Chapter 382
42 63J-4-401, as renumbered and amended by Laws of Utah 2008, Chapter 382
43 63J-4-503, as renumbered and amended by Laws of Utah 2008, Chapter 382
44 63J-4-601, as renumbered and amended by Laws of Utah 2008, Chapter 382
45 63J-4-603, as last amended by Laws of Utah 2008, Chapter 381 and renumbered and
46 amended by Laws of Utah 2008, Chapter 382
47 REPEALS:
48 63J-4-604, as renumbered and amended by Laws of Utah 2008, Chapter 382
49 63J-4-605, as renumbered and amended by Laws of Utah 2008, Chapter 382
50
51 Be it enacted by the Legislature of the state of Utah:
52 Section 1. Section 63C-4-101 is amended to read:
53 63C-4-101. Creation of Constitutional Defense Council -- Membership --
54 Vacancies -- Reports -- Per diem and funding.
55 (1) There is created the Constitutional Defense Council.
56 (2) (a) The defense council shall consist of the following [11] members:

57 (i) the governor or the lieutenant governor, who shall serve as chair of the council;
58 (ii) the president of the Senate or the president of the Senate's designee who shall serve
59 as vice chair of the council;
60 (iii) the speaker of the House or the speaker of the House's designee who shall serve as
61 vice chair of the council;
62 (iv) the minority leader of the Senate or the minority leader of the Senate's designee;
63 (v) the minority leader of the House or the minority leader of the House's designee;
64 (vi) the attorney general or the attorney general's designee, who shall be one of the
65 attorney general's appointees, not a current career service employee;
66 [(vii) one citizen member appointed by the governor; and]
67 (vii) the director of the School and Institutional Trust Lands Administration;
68 (viii) four elected county commissioners, county council members, or county
69 executives from different counties who are selected by the Utah Association of Counties[.], at
70 least one of whom shall be from a county of the first or second class;
71 (ix) the executive director of the Department of Natural Resources;
72 (x) the commissioner of the Department of Agriculture and Food;
73 (xi) the director of the Governor's Office of Economic Development, who may not
74 vote; and
75 (xii) two members appointed by the Utah Association of Counties, who may not vote.
76 (b) The council [shall select a vice-chair from its members] vice chairs shall conduct a
77 council meeting in the absence of the chair.
78 (c) If both the governor and the lieutenant governor are absent from a meeting of the
79 council, the governor may designate a person to attend the meeting solely for the purpose of
80 casting a vote on any matter on the governor's behalf.
81 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
82 appointed for the unexpired term in the same manner as the original appointment.
83 (4) (a) (i) Except as provided in Subsection (4)(a)(ii), the defense council shall meet at
84 least monthly or more frequently as needed.
85 (ii) The defense council need not meet monthly if the chair, after polling the members,
86 determines that a majority of the members do not wish to meet.
87 (b) The governor or any six members of the council may call a meeting of the council.

88 (c) Before calling a meeting, the governor or council members shall solicit items for
89 the agenda from other members of the council.
90 (d) (i) The Constitutional Defense Council shall require that any entity that receives
91 monies from the Constitutional Defense Restricted Account provide financial reports and
92 litigation reports to the Council.
93 (ii) Nothing in this Subsection (4)(d) prohibits the council from closing a meeting
94 under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the council from
95 complying with Title 63G, Chapter 2, Government Records Access and Management Act.
96 (e) A majority of the voting membership on the defense council is required for a
97 quorum to conduct council business. A majority vote of the quorum is required for any action
98 taken by the defense council.
99 (5) The Office of the Attorney General shall [provide staff to] advise the defense
100 council.
101 (6) (a) (i) State government officer and employee members who do not receive salary,
102 per diem, or expenses from their agency for their service may receive per diem and expenses
103 incurred in the performance of their official duties from the council at the rates established by
104 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
105 (ii) State government officer and employee members may decline to receive per diem
106 and expenses for their service.
107 (b) (i) Local government members who do not receive salary, per diem, or expenses
108 from the entity that they represent for their service may receive per diem and expenses incurred
109 in the performance of their official duties at the rates established by the Division of Finance
110 under Sections 63A-3-106 and 63A-3-107 .
111 (ii) Local government members may decline to receive per diem and expenses for their
112 service.
113 (c) Legislators on the committee shall receive compensation and expenses as provided
114 by law and legislative rule.
115 (7) (a) The council shall be funded from the Constitutional Defense Restricted Account
116 created in Section 63C-4-103 .
117 (b) Monies appropriated for or received by the council may be expended by the
118 governor in consultation with the council.

119 Section 2. Section 63C-4-102 is amended to read:
120 63C-4-102. Duties.
121 (1) The Constitutional Defense Council is a council to assist the governor and the
122 Legislature on the following types of issues:
123 (a) the constitutionality of unfunded federal mandates;
124 (b) when making recommendations to challenge the federal mandates and regulations
125 described in Subsections (1)(e)(i) through (v), the rationale for and effectiveness of those
126 federal mandates or regulations;
127 (c) legal and policy issues surrounding state and local government rights under R.S.
128 2477;
129 (d) legal issues relating to the rights of the School and Institutional Trust Lands
130 Administration and its beneficiaries; and
131 (e) the advisability, feasibility, estimated cost, and likelihood of success of challenging:
132 (i) federal court rulings that hinder the management of the state's prison system and
133 place undue financial hardship on the state's taxpayers;
134 (ii) federal laws or regulations that reduce or negate water rights or the rights of owners
135 of private property, or the rights and interest of state and local governments, including
136 sovereignty interests and the power to provide for the health, safety, and welfare, and promote
137 the prosperity of their inhabitants;
138 (iii) conflicting federal regulations or policies in land management on federal land;
139 (iv) federal intervention that would damage the state's mining, timber, and ranching
140 industries;
141 (v) the authority of the Environmental Protection Agency and Congress to mandate
142 local air quality standards and penalties; and
143 (vi) other issues that are relevant to [Subsections] this Subsection (1)[(a) through (e)].
144 (2) The council shall:
145 (a) provide advice to the governor, state planning coordinator, and the public lands
146 policy coordinator concerning coordination of:
147 (i) state and local government rights under R.S. 2477; and
148 (ii) other public lands issues;
149 (b) approve a plan for R.S. 2477 rights developed in accordance with Section

150 63C-4-104 ; and
151 (c) review, at least quarterly:
152 (i) financial statements concerning implementation of the plan for R.S. 2477 rights;
153 and
154 (ii) financial and other reports from the Public Lands Policy Coordinating Office
155 concerning its activities.
156 [(2)] (3) The council chair may require the attorney general or a designee to provide
157 testimony on potential legal actions that would enhance the state's sovereignty or authority on
158 issues affecting Utah and the well-being of its citizens.
159 [(3)] (4) The council chair may direct the attorney general to initiate and prosecute any
160 action that the council determines will further its purposes.
161 [(4)] (5) (a) Subject to the provisions of this section, the council may select and employ
162 attorneys to implement the purposes and duties of the council.
163 (b) The council chair may, in consultation with the council, direct any council attorney
164 in any manner considered appropriate by the attorney general to best serve the purposes of the
165 council.
166 (c) The attorney general shall negotiate a contract for services with any attorney
167 selected and approved for employment under this section.
168 [(5)] (6) The council chair shall, only with the concurrence of the council, review and
169 approve all claims for payments for legal services that are submitted to the council.
170 [(6)] (7) Within five business days' notice, the council chair may, with the concurrence
171 of the council, order the attorney general or an attorney employed by the council to cease work
172 to be charged to the fund.
173 [(7)] (8) (a) At least 20 calendar days before the state submits comments on the draft
174 environmental impact statement or environmental assessment for a proposed land management
175 plan of any federal land management agency, the governor shall make those documents
176 available to:
177 (i) members of the council; and
178 (ii) any county executive, county council member, or county commissioner of a county
179 that is covered by the management plan and that has established formal cooperating agency
180 status with the relevant federal land management agency regarding the proposed plan .

181 (b) (i) Council members or local government officials receiving the documents may
182 make recommendations to the governor or the governor's designee concerning changes to the
183 documents before they are submitted to the federal land management agency.
184 (ii) Council members or local government officials shall submit recommendations to
185 the governor or the governor's designee no later than ten calendar days after receiving the
186 documents under Subsection (7)(a).
187 (c) Documents transmitted or received under this Subsection [(7)] (8) are drafts and are
188 protected records pursuant to Subsection 63G-2-305 (22).
189 [(8)] (9) The council shall submit a report on December 1 of each year to the speaker of
190 the House of Representatives and the president of the Senate that summarizes the council's
191 activities.
192 Section 3. Section 63C-4-103 is amended to read:
193 63C-4-103. Creation of Constitutional Defense Restricted Account -- Sources of
194 funds -- Uses of funds -- Reports.
195 (1) There is created a restricted account within the General Fund known as the
196 Constitutional Defense Restricted Account.
197 (2) The account consists of monies from the following revenue sources:
198 (a) monies deposited to the account as required by Section 53C-3-203 ;
199 (b) voluntary contributions;
200 (c) monies received by the Constitutional Defense Council from other state agencies;
201 and
202 (d) appropriations made by the Legislature.
203 (3) Funds in the account shall be nonlapsing.
204 (4) The account balance may not exceed $2,000,000.
205 (5) The Legislature may annually appropriate monies from the Constitutional Defense
206 Restricted Account to one or more of the following:
207 (a) the Constitutional Defense Council to carry out its duties in Section 63C-4-102 ;
208 (b) the Public Lands Policy Coordinating Office to carry out its duties in Section
209 63J-4-603 ;
210 [(c) the Public Lands Policy Coordinating Council to carry out its duties in Section
211 63J-4-605 ;]

212 [(d)] (c) the Office of the Governor, to be used only for the purpose of asserting,
213 defending, or litigating state and local government rights under R.S. 2477, in accordance with a
214 plan developed and approved as provided in Section 63C-4-104 ;
215 [(e)] (d) a county or association of counties to assist counties, consistent with the
216 purposes of the council, in pursuing issues affecting the counties; or
217 [(f)] (e) the Office of the Attorney General, to be used only for public lands counsel
218 and assistance and litigation to the state or local governments including asserting, defending, or
219 litigating state and local government rights under R.S. 2477 in accordance with a plan
220 developed and approved as provided in Section 63C-4-104 .
221 (6) (a) The Constitutional Defense Council shall require that any entity that receives
222 monies from the Constitutional Defense Restricted Account provide financial reports and
223 litigation reports to the Council.
224 (b) Nothing in this Subsection (6) prohibits the council from closing a meeting under
225 Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the council from complying
226 with Title 63G, Chapter 2, Government Records Access and Management Act.
227 Section 4. Section 63C-4-104 is amended to read:
228 63C-4-104. Plan for R.S. 2477 rights -- Contents.
229 (1) As used in this section, "plan" means a guiding document that:
230 (a) is developed jointly by the Utah Association of Counties and the state;
231 (b) is approved by the Constitutional Defense Council; and
232 (c) presents the broad framework of a proposed working relationship between the state
233 and participating counties collectively for the purpose of asserting, defending, or litigating state
234 and local government rights under R.S. 2477.
235 (2) The Constitutional Defense Council may approve a plan if the plan:
236 (a) provides for a good faith, cooperative effort between the state and each
237 participating county;
238 (b) allows a county to formally agree to participate in the plan by adopting a resolution;
239 (c) provides that the state and a participating county are equal partners in determining
240 litigation strategy and the expenditure of resources with respect to that county's rights under
241 R.S. 2477; and
242 (d) provides a process for resolving any disagreement between the state and a

243 participating county about litigation strategy or resource expenditure that includes the
244 following requirements:
245 (i) the governor or the governor's designee and a representative of the Utah Association
246 of Counties shall first attempt to resolve the disagreement;
247 (ii) if the county and the state continue to disagree, the county, the governor, and the
248 Utah Association of Counties shall present their recommendations to the Constitutional
249 Defense Council for a final decision about the strategy or expenditure in question; and
250 (iii) the county may pursue a strategy or make an expenditure contrary to the final
251 decision of the Constitutional Defense Council only if the county does not claim resources
252 provided to fund the plan.
253 (3) The Constitutional Defense Council shall ensure that the plan contains:
254 (a) provisions identifying which expenditure types require approval of the plan
255 committee and which expenditure types may be made without plan committee approval;
256 (b) provisions requiring that financial statements be provided to members of the plan
257 committee and members of the Constitutional Defense Council, and the frequency with which
258 those financial statements must be provided; and
259 (c) provisions identifying those decisions or types of decisions that may be made by the
260 plan committee and those decisions or types of decisions that must be referred to the
261 Constitutional Defense Council for decision.
262 (4) The Constitutional Defense Council shall:
263 (a) review expenditures, at least quarterly, made to further a plan approved under this
264 section;
265 (b) approve an update to a plan under this section at least annually, or more often, if
266 necessary; and
267 (c) jointly, with the Public Lands Policy Coordinating Office, present a plan approved
268 under this section, with any updates, to:
269 (i) the Legislature's Natural Resources, Agriculture, and Environment Interim
270 Committee by July 1 of each calendar year, after providing the plan to the committee at least
271 seven days before the presentation; and
272 (ii) the president of the Senate and the speaker of the House of Representatives, which
273 may be by mail.

274 Section 5. Section 63G-2-305 is amended to read:
275 63G-2-305. Protected records.
276 The following records are protected if properly classified by a governmental entity:
277 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
278 has provided the governmental entity with the information specified in Section 63G-2-309 ;
279 (2) commercial information or nonindividual financial information obtained from a
280 person if:
281 (a) disclosure of the information could reasonably be expected to result in unfair
282 competitive injury to the person submitting the information or would impair the ability of the
283 governmental entity to obtain necessary information in the future;
284 (b) the person submitting the information has a greater interest in prohibiting access
285 than the public in obtaining access; and
286 (c) the person submitting the information has provided the governmental entity with
287 the information specified in Section 63G-2-309 ;
288 (3) commercial or financial information acquired or prepared by a governmental entity
289 to the extent that disclosure would lead to financial speculations in currencies, securities, or
290 commodities that will interfere with a planned transaction by the governmental entity or cause
291 substantial financial injury to the governmental entity or state economy;
292 (4) records the disclosure of which could cause commercial injury to, or confer a
293 competitive advantage upon a potential or actual competitor of, a commercial project entity as
294 defined in Subsection 11-13-103 (4);
295 (5) test questions and answers to be used in future license, certification, registration,
296 employment, or academic examinations;
297 (6) records the disclosure of which would impair governmental procurement
298 proceedings or give an unfair advantage to any person proposing to enter into a contract or
299 agreement with a governmental entity, except, subject to [Subsection] Subsections (1) and (2),
300 that this Subsection (6) does not restrict the right of a person to have access to, once the
301 contract or grant has been awarded, a bid, proposal, or application submitted to or by a
302 governmental entity in response to:
303 (a) a request for bids;
304 (b) a request for proposals;

305 (c) a grant; or
306 (d) other similar document;
307 (7) records that would identify real property or the appraisal or estimated value of real
308 or personal property, including intellectual property, under consideration for public acquisition
309 before any rights to the property are acquired unless:
310 (a) public interest in obtaining access to the information outweighs the governmental
311 entity's need to acquire the property on the best terms possible;
312 (b) the information has already been disclosed to persons not employed by or under a
313 duty of confidentiality to the entity;
314 (c) in the case of records that would identify property, potential sellers of the described
315 property have already learned of the governmental entity's plans to acquire the property;
316 (d) in the case of records that would identify the appraisal or estimated value of
317 property, the potential sellers have already learned of the governmental entity's estimated value
318 of the property; or
319 (e) the property under consideration for public acquisition is a single family residence
320 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
321 the property as required under Section 78B-6-505 ;
322 (8) records prepared in contemplation of sale, exchange, lease, rental, or other
323 compensated transaction of real or personal property including intellectual property, which, if
324 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
325 of the subject property, unless:
326 (a) the public interest in access outweighs the interests in restricting access, including
327 the governmental entity's interest in maximizing the financial benefit of the transaction; or
328 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
329 the value of the subject property have already been disclosed to persons not employed by or
330 under a duty of confidentiality to the entity;
331 (9) records created or maintained for civil, criminal, or administrative enforcement
332 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
333 release of the records:
334 (a) reasonably could be expected to interfere with investigations undertaken for
335 enforcement, discipline, licensing, certification, or registration purposes;

336 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
337 proceedings;
338 (c) would create a danger of depriving a person of a right to a fair trial or impartial
339 hearing;
340 (d) reasonably could be expected to disclose the identity of a source who is not
341 generally known outside of government and, in the case of a record compiled in the course of
342 an investigation, disclose information furnished by a source not generally known outside of
343 government if disclosure would compromise the source; or
344 (e) reasonably could be expected to disclose investigative or audit techniques,
345 procedures, policies, or orders not generally known outside of government if disclosure would
346 interfere with enforcement or audit efforts;
347 (10) records the disclosure of which would jeopardize the life or safety of an
348 individual;
349 (11) records the disclosure of which would jeopardize the security of governmental
350 property, governmental programs, or governmental recordkeeping systems from damage, theft,
351 or other appropriation or use contrary to law or public policy;
352 (12) records that, if disclosed, would jeopardize the security or safety of a correctional
353 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
354 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
355 (13) records that, if disclosed, would reveal recommendations made to the Board of
356 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
357 Board of Pardons and Parole, or the Department of Human Services that are based on the
358 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
359 jurisdiction;
360 (14) records and audit workpapers that identify audit, collection, and operational
361 procedures and methods used by the State Tax Commission, if disclosure would interfere with
362 audits or collections;
363 (15) records of a governmental audit agency relating to an ongoing or planned audit
364 until the final audit is released;
365 (16) records prepared by or on behalf of a governmental entity solely in anticipation of
366 litigation that are not available under the rules of discovery;

367 (17) records disclosing an attorney's work product, including the mental impressions or
368 legal theories of an attorney or other representative of a governmental entity concerning
369 litigation;
370 (18) records of communications between a governmental entity and an attorney
371 representing, retained, or employed by the governmental entity if the communications would be
372 privileged as provided in Section 78B-1-137 ;
373 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
374 from a member of the Legislature; and
375 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
376 legislative action or policy may not be classified as protected under this section; and
377 (b) (i) an internal communication that is part of the deliberative process in connection
378 with the preparation of legislation between:
379 (A) members of a legislative body;
380 (B) a member of a legislative body and a member of the legislative body's staff; or
381 (C) members of a legislative body's staff; and
382 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
383 legislative action or policy may not be classified as protected under this section;
384 (20) (a) records in the custody or control of the Office of Legislative Research and
385 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
386 legislation or contemplated course of action before the legislator has elected to support the
387 legislation or course of action, or made the legislation or course of action public; and
388 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
389 Office of Legislative Research and General Counsel is a public document unless a legislator
390 asks that the records requesting the legislation be maintained as protected records until such
391 time as the legislator elects to make the legislation or course of action public;
392 (21) research requests from legislators to the Office of Legislative Research and
393 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
394 in response to these requests;
395 (22) drafts, unless otherwise classified as public;
396 (23) records concerning a governmental entity's strategy about collective bargaining or
397 pending litigation;

398 (24) records of investigations of loss occurrences and analyses of loss occurrences that
399 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
400 Uninsured Employers' Fund, or similar divisions in other governmental entities;
401 (25) records, other than personnel evaluations, that contain a personal recommendation
402 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
403 personal privacy, or disclosure is not in the public interest;
404 (26) records that reveal the location of historic, prehistoric, paleontological, or
405 biological resources that if known would jeopardize the security of those resources or of
406 valuable historic, scientific, educational, or cultural information;
407 (27) records of independent state agencies if the disclosure of the records would
408 conflict with the fiduciary obligations of the agency;
409 (28) records of an institution within the state system of higher education defined in
410 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
411 retention decisions, and promotions, which could be properly discussed in a meeting closed in
412 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
413 the final decisions about tenure, appointments, retention, promotions, or those students
414 admitted, may not be classified as protected under this section;
415 (29) records of the governor's office, including budget recommendations, legislative
416 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
417 policies or contemplated courses of action before the governor has implemented or rejected
418 those policies or courses of action or made them public;
419 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
420 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
421 recommendations in these areas;
422 (31) records provided by the United States or by a government entity outside the state
423 that are given to the governmental entity with a requirement that they be managed as protected
424 records if the providing entity certifies that the record would not be subject to public disclosure
425 if retained by it;
426 (32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
427 except as provided in Section 52-4-206 ;
428 (33) records that would reveal the contents of settlement negotiations but not including

429 final settlements or empirical data to the extent that they are not otherwise exempt from
430 disclosure;
431 (34) memoranda prepared by staff and used in the decision-making process by an
432 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
433 other body charged by law with performing a quasi-judicial function;
434 (35) records that would reveal negotiations regarding assistance or incentives offered
435 by or requested from a governmental entity for the purpose of encouraging a person to expand
436 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
437 person or place the governmental entity at a competitive disadvantage, but this section may not
438 be used to restrict access to a record evidencing a final contract;
439 (36) materials to which access must be limited for purposes of securing or maintaining
440 the governmental entity's proprietary protection of intellectual property rights including patents,
441 copyrights, and trade secrets;
442 (37) the name of a donor or a prospective donor to a governmental entity, including an
443 institution within the state system of higher education defined in Section 53B-1-102 , and other
444 information concerning the donation that could reasonably be expected to reveal the identity of
445 the donor, provided that:
446 (a) the donor requests anonymity in writing;
447 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
448 classified protected by the governmental entity under this Subsection (37); and
449 (c) except for an institution within the state system of higher education defined in
450 Section 53B-1-102 , the governmental unit to which the donation is made is primarily engaged
451 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
452 over the donor, a member of the donor's immediate family, or any entity owned or controlled
453 by the donor or the donor's immediate family;
454 (38) accident reports, except as provided in Sections 41-6a-404 , 41-12a-202 , and
455 73-18-13 ;
456 (39) a notification of workers' compensation insurance coverage described in Section
457 34A-2-205 ;
458 (40) (a) the following records of an institution within the state system of higher
459 education defined in Section 53B-1-102 , which have been developed, discovered, disclosed to,

460 or received by or on behalf of faculty, staff, employees, or students of the institution:
461 (i) unpublished lecture notes;
462 (ii) unpublished notes, data, and information:
463 (A) relating to research; and
464 (B) of:
465 (I) the institution within the state system of higher education defined in Section
466 53B-1-102 ; or
467 (II) a sponsor of sponsored research;
468 (iii) unpublished manuscripts;
469 (iv) creative works in process;
470 (v) scholarly correspondence; and
471 (vi) confidential information contained in research proposals;
472 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
473 information required pursuant to Subsection 53B-16-302 (2)(a) or (b); and
474 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
475 (41) (a) records in the custody or control of the Office of Legislative Auditor General
476 that would reveal the name of a particular legislator who requests a legislative audit prior to the
477 date that audit is completed and made public; and
478 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
479 Office of the Legislative Auditor General is a public document unless the legislator asks that
480 the records in the custody or control of the Office of Legislative Auditor General that would
481 reveal the name of a particular legislator who requests a legislative audit be maintained as
482 protected records until the audit is completed and made public;
483 (42) records that provide detail as to the location of an explosive, including a map or
484 other document that indicates the location of:
485 (a) a production facility; or
486 (b) a magazine;
487 (43) information:
488 (a) contained in the statewide database of the Division of Aging and Adult Services
489 created by Section 62A-3-311.1 ; or
490 (b) received or maintained in relation to the Identity Theft Reporting Information

491 System (IRIS) established under Section 67-5-22 ;
492 (44) information contained in the Management Information System and Licensing
493 Information System described in Title 62A, Chapter 4a, Child and Family Services;
494 (45) information regarding National Guard operations or activities in support of the
495 National Guard's federal mission;
496 (46) records provided by any pawn or secondhand business to a law enforcement
497 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
498 Secondhand Merchandise Transaction Information Act;
499 (47) information regarding food security, risk, and vulnerability assessments performed
500 by the Department of Agriculture and Food;
501 (48) except to the extent that the record is exempt from this chapter pursuant to Section
502 63G-2-106 , records related to an emergency plan or program prepared or maintained by the
503 Division of Homeland Security the disclosure of which would jeopardize:
504 (a) the safety of the general public; or
505 (b) the security of:
506 (i) governmental property;
507 (ii) governmental programs; or
508 (iii) the property of a private person who provides the Division of Homeland Security
509 information;
510 (49) records of the Department of Agriculture and Food relating to the National
511 Animal Identification System or any other program that provides for the identification, tracing,
512 or control of livestock diseases, including any program established under Title 4, Chapter 24,
513 Utah Livestock Brand and Anti-theft Act or Title 4, Chapter 31, Livestock Inspection and
514 Quarantine;
515 (50) as provided in Section 26-39-501 :
516 (a) information or records held by the Department of Health related to a complaint
517 regarding a child care program or residential child care which the department is unable to
518 substantiate; and
519 (b) information or records related to a complaint received by the Department of Health
520 from an anonymous complainant regarding a child care program or residential child care;
521 (51) unless otherwise classified as public under Section 63G-2-301 and except as

522 provided under Section 41-1a-116 , an individual's home address, home telephone number, or
523 personal mobile phone number, if:
524 (a) the individual is required to provide the information in order to comply with a law,
525 ordinance, rule, or order of a government entity; and
526 (b) the subject of the record has a reasonable expectation that this information will be
527 kept confidential due to:
528 (i) the nature of the law, ordinance, rule, or order; and
529 (ii) the individual complying with the law, ordinance, rule, or order;
530 (52) the name, home address, work addresses, and telephone numbers of an individual
531 that is engaged in, or that provides goods or services for, medical or scientific research that is:
532 (a) conducted within the state system of higher education, as defined in Section
533 53B-1-102 ; and
534 (b) conducted using animals;
535 (53) an initial proposal under Title 63M, Chapter 1, Part 26, Government Procurement
536 Private Proposal Program, to the extent not made public by rules made under that chapter;
537 (54) information collected and a report prepared by the Judicial Performance
538 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
539 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
540 the information or report;
541 (55) (a) records of the Utah Educational Savings Plan Trust created under Section
542 53B-8a-103 if the disclosure of the records would conflict with its fiduciary obligations;
543 (b) proposals submitted to the Utah Educational Savings Plan Trust; and
544 (c) contracts entered into by the Utah Educational Savings Plan Trust and the related
545 payments; [and]
546 (56) records contained in the Management Information System created in Section
547 62A-4a-1003 [.]; and
548 (57) records provided or received by the Public Lands Policy Coordinating Office in
549 furtherance of any contract made in accordance with Section 63J-4-603 .
550 Section 6. Section 63J-4-401 is amended to read:
551 63J-4-401. Planning duties of the planning coordinator and office.
552 (1) The state planning coordinator shall:

553 (a) act as the governor's adviser on state, regional, metropolitan, and local
554 governmental planning matters relating to public improvements and land use;
555 (b) counsel with the authorized representatives of the Department of Transportation,
556 the State Building Board, the Department of Health, the Department of Workforce Services,
557 the Labor Commission, the Department of Natural Resources, the School and Institutional
558 Trust Lands Administration, and other proper persons concerning all state planning matters;
559 (c) when designated to do so by the governor, receive funds made available to Utah by
560 the federal government;
561 (d) receive and review plans of the various state agencies and political subdivisions
562 relating to public improvements and programs;
563 (e) when conflicts occur between the plans and proposals of state agencies, prepare
564 specific recommendations for the resolution of the conflicts and submit the recommendations
565 to the governor for a decision resolving the conflict;
566 (f) when conflicts occur between the plans and proposals of a state agency and a
567 political subdivision or between two or more political subdivisions, advise these entities of the
568 conflict and make specific recommendations for the resolution of the conflict;
569 (g) act as the governor's planning agent in planning public improvements and land use
570 and, in this capacity, undertake special studies and investigations;
571 (h) provide information and cooperate with the Legislature or any of its committees in
572 conducting planning studies;
573 (i) cooperate and exchange information with federal agencies and local, metropolitan,
574 or regional agencies as necessary to assist with federal, state, regional, metropolitan, and local
575 programs; [and]
576 (j) make recommendations to the governor that the planning coordinator considers
577 advisable for the proper development and coordination of plans for state government and
578 political subdivisions[.]; and
579 (k) oversee and supervise the activities and duties of the public lands policy
580 coordinator.
581 (2) The state planning coordinator may:
582 (a) perform regional and state planning and assist state government planning agencies
583 in performing state planning;

584 (b) provide planning assistance to Indian tribes regarding planning for Indian
585 reservations; and
586 (c) assist city, county, metropolitan, and regional planning agencies in performing
587 local, metropolitan, and regional planning, provided that the state planning coordinator and the
588 state planning coordinator's agents and designees recognize and promote the plans, policies,
589 programs, processes, and desired outcomes of each planning agency whenever possible.
590 (3) When preparing or assisting in the preparation of plans, policies, programs, or
591 processes related to the management or use of federal lands or natural resources on federal
592 lands in Utah, the state planning coordinator shall:
593 (a) incorporate the plans, policies, programs, processes, and desired outcomes of the
594 counties where the federal lands or natural resources are located, to the maximum extent
595 consistent with state and federal law, provided that this requirement shall not be interpreted to
596 infringe upon the authority of the governor;
597 (b) identify inconsistencies or conflicts between the plans, policies, programs,
598 processes, and desired outcomes prepared under Subsection (3)(a) and the plans, programs,
599 processes, and desired outcomes of local government as early in the preparation process as
600 possible, and seek resolution of the inconsistencies through meetings or other conflict
601 resolution mechanisms involving the necessary and immediate parties to the inconsistency or
602 conflict;
603 (c) present to the governor the nature and scope of any inconsistency or other conflict
604 that is not resolved under the procedures in Subsection (3)(b) for the governor's decision about
605 the position of the state concerning the inconsistency or conflict;
606 (d) develop, research, and use factual information, legal analysis, and statements of
607 desired future condition for the state, or subregion of the state, as necessary to support the
608 plans, policies, programs, processes, and desired outcomes of the state and the counties where
609 the federal lands or natural resources are located;
610 (e) establish and coordinate agreements between the state and federal land management
611 agencies, federal natural resource management agencies, and federal natural resource
612 regulatory agencies to facilitate state and local participation in the development, revision, and
613 implementation of land use plans, guidelines, regulations, other instructional memoranda, or
614 similar documents proposed or promulgated for lands and natural resources administered by

615 federal agencies; and
616 (f) work in conjunction with political subdivisions to establish agreements with federal
617 land management agencies, federal natural resource management agencies, and federal natural
618 resource regulatory agencies to provide a process for state and local participation in the
619 preparation of, or coordinated state and local response to, environmental impact analysis
620 documents and similar documents prepared pursuant to law by state or federal agencies.
621 (4) The state planning coordinator shall comply with the requirements of Subsection
622 63C-4-102 [(7)](8) before submitting any comments on a draft environmental impact statement
623 or on an environmental assessment for a proposed land management plan, if the governor
624 would be subject to Subsection 63C-4-102 (8) if the governor were submitting the material.
625 (5) The state planning coordinator shall cooperate with and work in conjunction with
626 appropriate state agencies and political subdivisions to develop policies, plans, programs,
627 processes, and desired outcomes authorized by this section by coordinating the development of
628 positions:
629 (a) through the Resource Development Coordinating Committee;
630 (b) in conjunction with local government officials concerning general local government
631 plans;
632 (c) by soliciting public comment through the Resource Development Coordinating
633 Committee; and
634 (d) by working with the Public Lands Policy Coordinating Office.
635 (6) The state planning coordinator shall recognize and promote the following principles
636 when preparing any policies, plans, programs, processes, or desired outcomes relating to
637 federal lands and natural resources on federal lands pursuant to this section:
638 (a) (i) the citizens of the state are best served by applying multiple-use and
639 sustained-yield principles in public land use planning and management; and
640 (ii) multiple-use and sustained-yield management means that federal agencies should
641 develop and implement management plans and make other resource-use decisions that:
642 (A) achieve and maintain in perpetuity a high-level annual or regular periodic output of
643 mineral and various renewable resources from public lands;
644 (B) support valid existing transportation, mineral, and grazing privileges at the highest
645 reasonably sustainable levels;

646 (C) support the specific plans, programs, processes, and policies of state agencies and
647 local governments;
648 (D) are designed to produce and provide the desired vegetation for the watersheds,
649 timber, food, fiber, livestock forage, and wildlife forage, and minerals that are necessary to
650 meet present needs and future economic growth and community expansion without permanent
651 impairment of the productivity of the land;
652 (E) meet the recreational needs and the personal and business-related transportation
653 needs of the citizens of the state by providing access throughout the state;
654 (F) meet the recreational needs of the citizens of the state;
655 (G) meet the needs of wildlife;
656 (H) provide for the preservation of cultural resources, both historical and
657 archaeological;
658 (I) meet the needs of economic development;
659 (J) meet the needs of community development; and
660 (K) provide for the protection of water rights;
661 (b) managing public lands for "wilderness characteristics" circumvents the statutory
662 wilderness process and is inconsistent with the multiple-use and sustained-yield management
663 standard that applies to all Bureau of Land Management and U.S. Forest Service lands that are
664 not wilderness areas or wilderness study areas;
665 (c) all waters of the state are:
666 (i) owned exclusively by the state in trust for its citizens;
667 (ii) are subject to appropriation for beneficial use; and
668 (iii) are essential to the future prosperity of the state and the quality of life within the
669 state;
670 (d) the state has the right to develop and use its entitlement to interstate rivers;
671 (e) all water rights desired by the federal government must be obtained through the
672 state water appropriation system;
673 (f) land management and resource-use decisions which affect federal lands should give
674 priority to and support the purposes of the compact between the state and the United States
675 related to school and institutional trust lands;
676 (g) development of the solid, fluid, and gaseous mineral resources of the state is an

677 important part of the economy of the state, and of local regions within the state;
678 (h) the state should foster and support industries that take advantage of the state's
679 outstanding opportunities for outdoor recreation;
680 (i) wildlife constitutes an important resource and provides recreational and economic
681 opportunities for the state's citizens;
682 (j) proper stewardship of the land and natural resources is necessary to ensure the
683 health of the watersheds, timber, forage, and wildlife resources to provide for a continuous
684 supply of resources for the people of the state and the people of the local communities who
685 depend on these resources for a sustainable economy;
686 (k) forests, rangelands, timber, and other vegetative resources:
687 (i) provide forage for livestock;
688 (ii) provide forage and habitat for wildlife;
689 (iii) provide resources for the state's timber and logging industries;
690 (iv) contribute to the state's economic stability and growth; and
691 (v) are important for a wide variety of recreational pursuits;
692 (l) management programs and initiatives that improve watersheds, forests, and increase
693 forage for the mutual benefit of wildlife species and livestock, logging, and other agricultural
694 industries by utilizing proven techniques and tools are vital to the state's economy and the
695 quality of life in Utah; and
696 (m) (i) land management plans, programs, and initiatives should provide that the
697 amount of domestic livestock forage, expressed in animal unit months, for permitted, active
698 use as well as the wildlife forage included in that amount, be no less than the maximum
699 number of animal unit months sustainable by range conditions in grazing allotments and
700 districts, based on an on-the-ground and scientific analysis;
701 (ii) the state opposes the relinquishment or retirement of grazing animal unit months in
702 favor of conservation, wildlife, and other uses;
703 (iii) (A) the state favors the best management practices that are jointly sponsored by
704 cattlemen's, sportsmen's, and wildlife management groups such as chaining, logging, seeding,
705 burning, and other direct soil and vegetation prescriptions that are demonstrated to restore
706 forest and rangeland health, increase forage, and improve watersheds in grazing districts and
707 allotments for the mutual benefit of domestic livestock and wildlife;

708 (B) when practices described in Subsection (6)(m)(iii)(A) increase a grazing
709 allotment's forage beyond the total permitted forage use that was allocated to that allotment in
710 the last federal land use plan or allotment management plan still in existence as of January 1,
711 2005, a reasonable and fair portion of the increase in forage beyond the previously allocated
712 total permitted use should be allocated to wildlife as recommended by a joint, evenly balanced
713 committee of livestock and wildlife representatives that is appointed and constituted by the
714 governor for that purpose;
715 (C) the state favors quickly and effectively adjusting wildlife population goals and
716 population census numbers in response to variations in the amount of available forage caused
717 by drought or other climatic adjustments, and state agencies responsible for managing wildlife
718 population goals and population census numbers will give due regard to both the needs of the
719 livestock industry and the need to prevent the decline of species to a point where listing under
720 the terms of the Endangered Species Act when making such adjustments;
721 (iv) the state opposes the transfer of grazing animal unit months to wildlife for
722 supposed reasons of rangeland health;
723 (v) reductions in domestic livestock animal unit months must be temporary and
724 scientifically based upon rangeland conditions;
725 (vi) policies, plans, programs, initiatives, resource management plans, and forest plans
726 may not allow the placement of grazing animal unit months in a suspended use category unless
727 there is a rational and scientific determination that the condition of the rangeland allotment or
728 district in question will not sustain the animal unit months sought to be placed in suspended
729 use;
730 (vii) any grazing animal unit months that are placed in a suspended use category should
731 be returned to active use when range conditions improve;
732 (viii) policies, plans, programs, and initiatives related to vegetation management
733 should recognize and uphold the preference for domestic grazing over alternate forage uses in
734 established grazing districts while upholding management practices that optimize and expand
735 forage for grazing and wildlife in conjunction with state wildlife management plans and
736 programs in order to provide maximum available forage for all uses; and
737 (ix) in established grazing districts, animal unit months that have been reduced due to
738 rangeland health concerns should be restored to livestock when rangeland conditions improve,

739 and should not be converted to wildlife use.
740 (7) The state planning coordinator shall recognize and promote the following findings
741 in the preparation of any policies, plans, programs, processes, or desired outcomes relating to
742 federal lands and natural resources on federal lands under this section:
743 (a) as a coholder of R.S. 2477 rights-of-way with the counties, the state supports its
744 recognition by the federal government and the public use of R.S. 2477 rights-of-way and urges
745 the federal government to fully recognize the rights-of-way and their use by the public as
746 expeditiously as possible;
747 (b) it is the policy of the state to use reasonable administrative and legal measures to
748 protect and preserve valid existing rights-of-way granted by Congress under R.S. 2477, and to
749 support and work in conjunction with counties to redress cases where R.S. 2477 rights-of-way
750 are not recognized or are impaired; and
751 (c) transportation and access routes to and across federal lands, including all
752 rights-of-way vested under R.S. 2477, are vital to the state's economy and to the quality of life
753 in the state, and must provide, at a minimum, a network of roads throughout the resource
754 planning area that provides for:
755 (i) movement of people, goods, and services across public lands;
756 (ii) reasonable access to a broad range of resources and opportunities throughout the
757 resource planning area, including:
758 (A) livestock operations and improvements;
759 (B) solid, fluid, and gaseous mineral operations;
760 (C) recreational opportunities and operations, including motorized and nonmotorized
761 recreation;
762 (D) search and rescue needs;
763 (E) public safety needs; and
764 (F) access for transportation of wood products to market;
765 (iii) access to federal lands for people with disabilities and the elderly; and
766 (iv) access to state lands and school and institutional trust lands to accomplish the
767 purposes of those lands.
768 (8) The state planning coordinator shall recognize and promote the following findings
769 in the preparation of any plans, policies, programs, processes, or desired outcomes relating to

770 federal lands and natural resources on federal lands pursuant to this section:
771 (a) the state's support for the addition of a river segment to the National Wild and
772 Scenic Rivers System, 16 U.S.C. Sec. 1271 et seq., will be withheld until:
773 (i) it is clearly demonstrated that water is present and flowing at all times;
774 (ii) it is clearly demonstrated that the required water-related value is considered
775 outstandingly remarkable within a region of comparison consisting of one of the three
776 physiographic provinces in the state, and that the rationale and justification for the conclusions
777 are disclosed;
778 (iii) it is clearly demonstrated that the inclusion of each river segment is consistent
779 with the plans and policies of the state and the county or counties where the river segment is
780 located as those plans and policies are developed according to Subsection (3);
781 (iv) the effects of the addition upon the local and state economies, agricultural and
782 industrial operations and interests, outdoor recreation, water rights, water quality, water
783 resource planning, and access to and across river corridors in both upstream and downstream
784 directions from the proposed river segment have been evaluated in detail by the relevant federal
785 agency;
786 (v) it is clearly demonstrated that the provisions and terms of the process for review of
787 potential additions have been applied in a consistent manner by all federal agencies;
788 (vi) the rationale and justification for the proposed addition, including a comparison
789 with protections offered by other management tools, is clearly analyzed within the multiple-use
790 mandate, and the results disclosed;
791 (vii) it is clearly demonstrated that the federal agency with management authority over
792 the river segment, and which is proposing the segment for inclusion in the National Wild and
793 Scenic River System will not use the actual or proposed designation as a basis to impose
794 management standards outside of the federal land management plan;
795 (viii) it is clearly demonstrated that the terms and conditions of the federal land and
796 resource management plan containing a recommendation for inclusion in the National Wild
797 and Scenic River System:
798 (A) evaluates all eligible river segments in the resource planning area completely and
799 fully for suitability for inclusion in the National Wild and Scenic River System;
800 (B) does not suspend or terminate any studies for inclusion in the National Wild and

801 Scenic River System at the eligibility phase;
802 (C) fully disclaims any interest in water rights for the recommended segment as a result
803 of the adoption of the plan; and
804 (D) fully disclaims the use of the recommendation for inclusion in the National Wild
805 and Scenic River System as a reason or rationale for an evaluation of impacts by proposals for
806 projects upstream, downstream, or within the recommended segment;
807 (ix) it is clearly demonstrated that the agency with management authority over the river
808 segment commits not to use an actual or proposed designation as a basis to impose Visual
809 Resource Management Class I or II management prescriptions that do not comply with the
810 provisions of Subsection (8)(t); and
811 (x) it is clearly demonstrated that including the river segment and the terms and
812 conditions for managing the river segment as part of the National Wild and Scenic River
813 System will not prevent, reduce, impair, or otherwise interfere with:
814 (A) the state and its citizens' enjoyment of complete and exclusive water rights in and
815 to the rivers of the state as determined by the laws of the state; or
816 (B) local, state, regional, or interstate water compacts to which the state or any county
817 is a party;
818 (b) the conclusions of all studies related to potential additions to the National Wild and
819 Scenic River System, 16 U.S.C. Sec. 1271 et seq., are submitted to the state for review and
820 action by the Legislature and governor, and the results, in support of or in opposition to, are
821 included in any planning documents or other proposals for addition and are forwarded to the
822 United States Congress;
823 (c) the state's support for designation of an Area of Critical Environmental Concern
824 (ACEC), as defined in 43 U.S.C. Sec. 1702, within federal land management plans will be
825 withheld until:
826 (i) it is clearly demonstrated that the proposed area satisfies all the definitional
827 requirements of the Federal Land Policy and Management Act of 1976, 43 U.S.C. Sec.
828 1702(a);
829 (ii) it is clearly demonstrated that the area proposed for designation as an ACEC is
830 limited in geographic size and that the proposed management prescriptions are limited in scope
831 to the minimum necessary to specifically protect and prevent irreparable damage to the relevant

832 and important values identified, or limited in geographic size and management prescriptions to
833 the minimum required to specifically protect human life or safety from natural hazards;
834 (iii) it is clearly demonstrated that the proposed area is limited only to areas that are
835 already developed or used or to areas where no development is required;
836 (iv) it is clearly demonstrated that the proposed area contains relevant and important
837 historic, cultural or scenic values, fish or wildlife resources, or natural processes which are
838 unique or substantially significant on a regional basis, or contain natural hazards which
839 significantly threaten human life or safety;
840 (v) the federal agency has analyzed regional values, resources, processes, or hazards for
841 irreparable damage and its potential causes resulting from potential actions which are
842 consistent with the multiple-use, sustained-yield principles, and the analysis describes the
843 rationale for any special management attention required to protect, or prevent irreparable
844 damage to the values, resources, processes, or hazards;
845 (vi) it is clearly demonstrated that the proposed designation is consistent with the plans
846 and policies of the state and of the county where the proposed designation is located as those
847 plans and policies are developed according to Subsection (3);
848 (vii) it is clearly demonstrated that the proposed ACEC designation will not be applied
849 redundantly over existing protections provided by other state and federal laws for federal lands
850 or resources on federal lands, and that the federal statutory requirement for special management
851 attention for a proposed ACEC will discuss and justify any management requirements needed
852 in addition to those specified by the other state and federal laws;
853 (viii) the difference between special management attention required for an ACEC and
854 normal multiple-use management has been identified and justified, and that any determination
855 of irreparable damage has been analyzed and justified for short and long-term horizons;
856 (ix) it is clearly demonstrated that the proposed designation:
857 (A) is not a substitute for a wilderness suitability recommendation;
858 (B) is not a substitute for managing areas inventoried for wilderness characteristics
859 after 1993 under the BLM interim management plan for valid wilderness study areas; and
860 (C) it is not an excuse or justification to apply de facto wilderness management
861 standards; and
862 (x) the conclusions of all studies are submitted to the state, as a cooperating agency, for

863 review, and the results, in support of or in opposition to, are included in all planning
864 documents;
865 (d) sufficient federal lands are made available for government-to-government
866 exchanges of school and institutional trust lands and federal lands without regard for a
867 resource-to-resource correspondence between the surface or mineral characteristics of the
868 offered trust lands and the offered federal lands;
869 (e) federal agencies should support government-to-government exchanges of land with
870 the state based on a fair process of valuation which meets the fiduciary obligations of both the
871 state and federal governments toward trust lands management, and which assures that revenue
872 authorized by federal statute to the state from mineral or timber production, present or future, is
873 not diminished in any manner during valuation, negotiation, or implementation processes;
874 (f) agricultural and grazing lands should continue to produce the food and fiber needed
875 by the citizens of the state and the nation, and the rural character and open landscape of rural
876 Utah should be preserved through a healthy and active agricultural and grazing industry,
877 consistent with private property rights and state fiduciary duties;
878 (g) the resources of the forests and rangelands of the state should be integrated as part
879 of viable, robust, and sustainable state and local economies, and available forage should be
880 evaluated for the full complement of herbivores the rangelands can support in a sustainable
881 manner, and forests should contain a diversity of timber species, and disease or insect
882 infestations in forests should be controlled using logging or other best management practices;
883 (h) the state opposes any additional evaluation of national forest service lands as
884 "roadless" or "unroaded" beyond the forest service's second roadless area review evaluation and
885 opposes efforts by agencies to specially manage those areas in a way that:
886 (i) closes or declassifies existing roads unless multiple side by side roads exist running
887 to the same destination and state and local governments consent to close or declassify the extra
888 roads;
889 (ii) permanently bars travel on existing roads;
890 (iii) excludes or diminishes traditional multiple-use activities, including grazing and
891 proper forest harvesting;
892 (iv) interferes with the enjoyment and use of valid, existing rights, including water
893 rights, local transportation plan rights, R.S. 2477 rights, grazing allotment rights, and mineral

894 leasing rights; or
895 (v) prohibits development of additional roads reasonably necessary to pursue
896 traditional multiple-use activities;
897 (i) the state's support for any forest plan revision or amendment will be withheld until
898 the appropriate plan revision or plan amendment clearly demonstrates that:
899 (i) established roads are not referred to as unclassified roads or a similar classification;
900 (ii) lands in the vicinity of established roads are managed under the multiple-use,
901 sustained-yield management standard; and
902 (iii) no roadless or unroaded evaluations or inventories are recognized or upheld
903 beyond those that were recognized or upheld in the forest service's second roadless area review
904 evaluation;
905 (j) the state's support for any recommendations made under the statutory requirement to
906 examine the wilderness option during the revision of land and resource management plans by
907 the U.S. Forest Service will be withheld until it is clearly demonstrated that:
908 (i) the duly adopted transportation plans of the state and county or counties within the
909 planning area are fully and completely incorporated into the baseline inventory of information
910 from which plan provisions are derived;
911 (ii) valid state or local roads and rights-of-way are recognized and not impaired in any
912 way by the recommendations;
913 (iii) the development of mineral resources by underground mining is not affected by
914 the recommendations;
915 (iv) the need for additional administrative or public roads necessary for the full use of
916 the various multiple-uses, including recreation, mineral exploration and development, forest
917 health activities, and grazing operations is not unduly affected by the recommendations;
918 (v) analysis and full disclosure is made concerning the balance of multiple-use
919 management in the proposed areas, and that the analysis compares the full benefit of
920 multiple-use management to the recreational, forest health, and economic needs of the state and
921 the counties to the benefits of the requirements of wilderness management; and
922 (vi) the conclusions of all studies related to the requirement to examine the wilderness
923 option are submitted to the state for review and action by the Legislature and governor, and the
924 results, in support of or in opposition to, are included in any planning documents or other

925 proposals that are forwarded to the United States Congress;
926 (k) the invasion of noxious weeds and undesirable invasive plant species into the state
927 should be reversed, their presence eliminated, and their return prevented;
928 (l) management and resource-use decisions by federal land management and regulatory
929 agencies concerning the vegetative resources within the state should reflect serious
930 consideration of the proper optimization of the yield of water within the watersheds of the
931 state;
932 (m) (i) it is the policy of the state that:
933 (A) mineral and energy production and environmental protection are not mutually
934 exclusive;
935 (B) it is technically feasible to permit appropriate access to mineral and energy
936 resources while preserving nonmineral and nonenergy resources;
937 (C) resource management planning should seriously consider all available mineral and
938 energy resources;
939 (D) the development of the solid, fluid, and gaseous mineral resources of the state and
940 the renewable resources of the state should be encouraged;
941 (E) the waste of fluid and gaseous minerals within developed areas should be
942 prohibited; and
943 (F) requirements to mitigate or reclaim mineral development projects should be based
944 on credible evidence of significant impacts to natural or cultural resources;
945 (ii) the state's support for mineral development provisions within federal land
946 management plans will be withheld until the appropriate land management plan environmental
947 impact statement clearly demonstrates:
948 (A) that the authorized planning agency has:
949 (I) considered and evaluated the mineral and energy potential in all areas of the
950 planning area as if the areas were open to mineral development under standard lease
951 agreements; and
952 (II) evaluated any management plan prescription for its impact on the area's baseline
953 mineral and energy potential;
954 (B) that the development provisions do not unduly restrict access to public lands for
955 energy exploration and development;

956 (C) that the authorized planning agency has supported any closure of additional areas
957 to mineral leasing and development or any increase of acres subject to no surface occupancy
958 restrictions by adhering to:
959 (I) the relevant provisions of the Federal Land Policy and Management Act of 1976, 43
960 U.S.C. Sec. 1701 et seq.;
961 (II) other controlling mineral development laws; and
962 (III) the controlling withdrawal and reporting procedures set forth in the Federal Land
963 Policy and Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
964 (D) that the authorized planning agency evaluated whether to repeal any moratorium
965 that may exist on the issuance of additional mining patents and oil and gas leases;
966 (E) that the authorized planning agency analyzed all proposed mineral lease
967 stipulations and considered adopting the least restrictive necessary to protect against damage to
968 other significant resource values;
969 (F) that the authorized planning agency evaluated mineral lease restrictions to
970 determine whether to waive, modify, or make exceptions to the restrictions on the basis that
971 they are no longer necessary or effective;
972 (G) that the authorized federal agency analyzed all areas proposed for no surface
973 occupancy restrictions, and that the analysis evaluated:
974 (I) whether directional drilling is economically feasible and ecologically necessary for
975 each proposed no surface occupancy area;
976 (II) whether the directional drilling feasibility analysis, or analysis of other
977 management prescriptions, demonstrates that the proposed no surface occupancy prescription,
978 in effect, sterilizes the mineral and energy resources beneath the area; and
979 (III) whether, if the minerals are effectively sterilized, the area must be reported as
980 withdrawn under the provisions of the Federal Land Policy and Management Act; and
981 (H) that the authorized planning agency has evaluated all directional drilling
982 requirements in no surface occupancy areas to determine whether directional drilling is feasible
983 from an economic, ecological, and engineering standpoint;
984 (n) motorized, human, and animal-powered outdoor recreation should be integrated
985 into a fair and balanced allocation of resources within the historical and cultural framework of
986 multiple-uses in rural Utah, and outdoor recreation should be supported as part of a balanced

987 plan of state and local economic support and growth;
988 (o) off-highway vehicles should be used responsibly, the management of off-highway
989 vehicles should be uniform across all jurisdictions, and laws related to the use of off-highway
990 vehicles should be uniformly applied across all jurisdictions;
991 (p) (i) rights-of-way granted and vested under the provisions of R.S. 2477 should be
992 preserved and acknowledged;
993 (ii) land use management plans, programs, and initiatives should be consistent with
994 both state and county transportation plans developed according to Subsection (3) in order to
995 provide a network of roads throughout the planning area that provides for:
996 (A) movement of people, goods, and services across public lands;
997 (B) reasonable access to a broad range of resources and opportunities throughout the
998 planning area, including access to livestock, water, and minerals;
999 (C) economic and business needs;
1000 (D) public safety;
1001 (E) search and rescue;
1002 (F) access for people with disabilities and the elderly;
1003 (G) access to state lands; and
1004 (H) recreational opportunities;
1005 (q) transportation and access provisions for all other existing routes, roads, and trails
1006 across federal, state, and school trust lands within the state should be determined and
1007 identified, and agreements should be executed and implemented, as necessary to fully authorize
1008 and determine responsibility for maintenance of all routes, roads, and trails;
1009 (r) the reasonable development of new routes and trails for motorized, human, and
1010 animal-powered recreation should be implemented;
1011 (s) (i) forests, rangelands, and watersheds, in a healthy condition, are necessary and
1012 beneficial for wildlife, livestock grazing, and other multiple-uses;
1013 (ii) management programs and initiatives that are implemented to increase forage for
1014 the mutual benefit of the agricultural industry, livestock operations, and wildlife species should
1015 utilize all proven techniques and tools;
1016 (iii) the continued viability of livestock operations and the livestock industry should be
1017 supported on the federal lands within the state by management of the lands and forage

1018 resources, by the proper optimization of animal unit months for livestock, in accordance with
1019 the multiple-use provisions of the Federal Land Policy and Management Act of 1976, 43
1020 U.S.C. 1701 et seq., the provisions of the Taylor Grazing Act of 1934, 43 U.S.C. 315 et seq.,
1021 and the provisions of the Public Rangelands Improvement Act of 1978, 43 U.S.C. 1901 et seq.;
1022 (iv) provisions for predator control initiatives or programs under the direction of state
1023 and local authorities should be implemented; and
1024 (v) resource-use and management decisions by federal land management and
1025 regulatory agencies should support state-sponsored initiatives or programs designed to stabilize
1026 wildlife populations that may be experiencing a scientifically demonstrated decline in those
1027 populations; and
1028 (t) management and resource use decisions by federal land management and regulatory
1029 agencies concerning the scenic resources of the state must balance the protection of scenery
1030 with the full management requirements of the other authorized uses of the land under
1031 multiple-use management, and should carefully consider using Visual Resource Management
1032 Class I protection only for areas of inventoried Class A scenery or equivalent.
1033 (9) Nothing contained in this section may be construed to restrict or supersede the
1034 planning powers conferred upon state departments, agencies, instrumentalities, or advisory
1035 councils of the state or the planning powers conferred upon political subdivisions by any other
1036 existing law.
1037 (10) Nothing in this section may be construed to affect any lands withdrawn from the
1038 public domain for military purposes, which are administered by the United States Army, Air
1039 Force, or Navy.
1040 Section 7. Section 63J-4-503 is amended to read:
1041 63J-4-503. Planning coordinator responsibilities.
1042 (1) The state planning coordinator shall:
1043 [(1)] (a) administer this part;
1044 [(2)] (b) subject to the direction and approval of the governor, take necessary action for
1045 its implementation; and
1046 [(3)] (c) inform political subdivision representatives, in advance, of all committee
1047 meetings.
1048 (2) The state planning coordinator may delegate the state planning coordinator's

1049 responsibilities under this part to the Public Lands Policy Coordinating Office.
1050 Section 8. Section 63J-4-601 is amended to read:
1051 63J-4-601. Definitions.
1052 As used in this part:
1053 (1) "Coordinator" means the public lands policy coordinator appointed in this part.
1054 [(2) "Council" means the Public Lands Policy Coordinating Council created by this
1055 part.]
1056 [(3)] (2) "Office" means the Public Lands Policy Coordinating Office created by this
1057 part.
1058 [(4)] (3) "Political subdivision" means a county, municipality, local district, special
1059 service district, school district, interlocal cooperation agreement entity, or any administrative
1060 subunit of them.
1061 [(5)] (4) "State planning coordinator" means the person appointed under Subsection
1062 63J-4-202 (1)(a)(ii).
1063 Section 9. Section 63J-4-603 is amended to read:
1064 63J-4-603. Powers and duties of coordinator and office.
1065 (1) The coordinator and the office shall:
1066 (a) make a report to and provide staff assistance to the Constitutional Defense Council
1067 created under Section 63C-4-101 concerning R.S. 2477 rights and other public lands issues
1068 under Title 63C, Chapter 4, Constitutional Defense Council;
1069 [(a)] (b) [assist] under the direction of the state planning coordinator, assist in fulfilling
1070 the state planning coordinator's duties outlined in Section 63J-4-401 as those duties relate to
1071 the development of public lands policies by:
1072 (i) developing cooperative contracts and agreements between the state, political
1073 subdivisions, and agencies of the federal government for involvement in the development of
1074 public lands policies;
1075 (ii) producing research, documents, maps, studies, analysis, or other information that
1076 supports the state's participation in the development of public lands policy;
1077 (iii) preparing comments to ensure that the positions of the state and political
1078 subdivisions are considered in the development of public lands policy;
1079 (iv) partnering with state agencies and political subdivisions in an effort to:

1080 (A) prepare coordinated public lands policies;
1081 (B) develop consistency reviews and responses to public lands policies;
1082 (C) develop management plans that relate to public lands policies; and
1083 (D) develop and maintain a statewide land use plan that is based on cooperation and in
1084 conjunction with political subdivisions; and
1085 (v) providing other information or services related to public lands policies as requested
1086 by the state planning coordinator; [and]
1087 [(b)] (c) facilitate and coordinate the exchange of information, comments, and
1088 recommendations on public lands policies between and among:
1089 (i) state agencies;
1090 (ii) political subdivisions;
1091 (iii) the Office of Rural Development created under Section 63M-1-1602 ;
1092 (iv) the Resource Development Coordinating Committee created under Section
1093 63J-4-501 ;
1094 (v) School and Institutional Trust Lands Administration created under Section
1095 53C-1-201 ;
1096 (vi) the committee created under Section 63F-1-508 to award grants to counties to
1097 inventory and map R.S. 2477 rights-of-way, associated structures, and other features; and
1098 (vii) the Constitutional Defense Council created under Section 63C-4-101 ;
1099 [(c)] (d) perform the duties established in Title 9, Chapter 8, Part 3, Antiquities, and
1100 Title 9, Chapter 8, Part 4, Historic Sites; [and]
1101 [(d)] (e) consistent with other statutory duties, encourage agencies to responsibly
1102 preserve archaeological resources[.];
1103 [(2) In providing assistance to the state planning coordinator under Subsection (1)(a),
1104 the coordinator and office shall take into consideration the:]
1105 [(a) findings provided under Subsections 63J-4-401 (6) and (7); and]
1106 [(b) recommendations of the council.]
1107 (f) maintain information concerning grants made under Subsection (1)(h), if available;
1108 (g) report annually, or more often if necessary or requested, concerning the office's
1109 activities and expenditures to:
1110 (i) the Constitutional Defense Council; and

1111 (ii) the Legislature's Natural Resources, Agriculture, and Environment Interim
1112 Committee jointly with the Constitutional Defense Council; and
1113 (h) make grants of up to 16% of the office's total annual appropriations from the
1114 Constitutional Defense Restricted Account to a county or statewide association of counties to
1115 be used by the county or association of counties for public lands matters if the coordinator,
1116 with the advice of the Constitutional Defense Council, determines that the action provides a
1117 state benefit.
1118 (2) The coordinator and office shall comply with Subsection 63C-4-102 (8) before
1119 submitting a comment to a federal agency, if the governor would be subject to Subsection
1120 63C-4-102 (8) if the governor were submitting the material.
1121 (3) The office may enter into a contract with another state agency to provide
1122 information and services related to:
1123 (a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and
1124 Classification Act;
1125 (b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and
1126 Classification Act, or R.S. 2477 matters; or
1127 (c) any other matter within the office's responsibility.
1128 Section 10. Repealer.
1129 This bill repeals:
1130 Section 63J-4-604, Public Lands Policy Coordinating Council -- Creation --
1131 Membership -- Funding.
1132 Section 63J-4-605, Council duties.