H.B. 77

1

WILDFIRE SUPPRESSION AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill allows the Division of Forestry, Fire, and State Lands to develop and
10 implement a long-range fire presuppression strategy that is responsive to specific
11 observed changes in climate that pose a risk to fire management.
12 Highlighted Provisions:
13 This bill:
14 . defines a term;
15 . allows the Division of Forestry, Fire, and State Lands to develop and implement a
16 long-range fire presuppression strategy that is responsive to specific observed
17 changes in climate that pose a risk to fire management; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 65A-1-1, as last amended by Laws of Utah 2012, Chapter 361
26 65A-8-101, as last amended by Laws of Utah 2008, Chapter 20
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 65A-1-1 is amended to read:
30 65A-1-1. Definitions.
31 As used in this title:
32 (1) "Advisory council" or "council" means the Forestry, Fire, and State Lands Advisory
33 Council.
34 (2) "Climate change" means an observed rise in average annual temperature that:
35 (a) is attributed directly or indirectly to human activity that alters the composition of
36 the global atmosphere;
37 (b) occurs in addition to natural climate variability observed over comparable time
38 periods; and
39 (c) poses risks to fire management, including:
40 (i) an extended fire season;
41 (ii) an increase in fire occurrence; and
42 (iii) an increase in area burned.
43 [(2)] (3) "Division" means the Division of Forestry, Fire, and State Lands.
44 [(3)] (4) "Multiple use" means the management of various surface and subsurface
45 resources in a manner that will best meet the present and future needs of the people of this
46 state.
47 [(4)] (5) "Public trust assets" means those lands and resources, including sovereign
48 lands, administered by the division.
49 [(5)] (6) "Sovereign lands" means those lands lying below the ordinary high water
50 mark of navigable bodies of water at the date of statehood and owned by the state by virtue of
51 its sovereignty.
52 [(6)] (7) "State lands" means all lands administered by the division.
53 [(7)] (8) "Sustained yield" means the achievement and maintenance of high level
54 annual or periodic output of the various renewable resources of land without impairment of the
55 productivity of the land.
56 [(8)] (9) "Wildland" means an area where:
57 (a) development is essentially nonexistent, except for roads, railroads, power lines, or
58 similar transportation facilities; and

59 (b) structures, if any, are widely scattered.
60 [(9)] (10) "Wildland fire" means a fire that consumes:
61 (a) wildland; or
62 (b) wildland-urban interface, as defined in Section 65A-8a-102 .
63 Section 2. Section 65A-8-101 is amended to read:
64 65A-8-101. Division responsibilities for fire control and the preservation of
65 forest, watershed, and other lands -- Reciprocal agreements for fire protection.
66 (1) The division shall determine and execute the best method for protecting private and
67 public property by:
68 (a) except as provided by Subsection (1)(e), preventing the origin and spread of fire on
69 nonfederal forest, range, or watershed land in an unincorporated area of the state;
70 (b) protecting a nonfederal forest or watershed area using conservation principles;
71 (c) encouraging a private landowner to preserve, protect, and manage forest or other
72 land throughout the state;
73 (d) taking action the division considers appropriate to control wildland fire and protect
74 life and property on the nonfederal forest, range, or watershed land within an unincorporated
75 area of the state; and
76 (e) implementing a limited fire suppression strategy, including allowing a fire to burn
77 with limited or modified suppression, if the division determines that the strategy is appropriate
78 for a specific area or circumstance.
79 (2) The division may:
80 (a) enter into an agreement with a public or private agency or individual for the
81 purpose of:
82 (i) [for the purpose of] protecting, managing, or rehabilitating land owned or managed
83 by the agency or individual; and
84 (ii) establishing a predetermined fire suppression plan, including a limited fire
85 suppression strategy, for a specific fire management area; [and]
86 (b) enter into a reciprocal agreement with a fire protection organization, including a
87 federal agency, to provide fire protection for land and an improvement for which the
88 organization normally provides fire protection[.]; or
89 (c) develop and implement a long-range fire presuppression strategy that:

90 (i) is responsive to climate change; and
91 (ii) may include public education and outreach.




Legislative Review Note
as of 1-21-13 1:01 PM

Office of Legislative Research and General Counsel

[Bill Documents]