First Substitute S.B. 28

Senator Joseph L. Hull proposes to substitute the following bill:

1 PUBLIC USE OF STATE-OWNED LANDS
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Joseph L. Hull
5 AN ACT RELATING TO WILDLIFE RESOURCES AND STATE LANDS; AUTHORIZING
6 THE DIVISION OF FORESTRY, FIRE, AND STATE LANDS, IN CONJUNCTION WITH THE
7 WILDLIFE BOARD, TO RESTRICT PUBLIC USE OF LEASED SOVEREIGN LANDS FOR
8 HUNTING, TRAPPING, OR FISHING.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 23-21-4, as last amended by Chapter 276, Laws of Utah 1997
12 ENACTS:
13 65A-2-5, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 23-21-4 is amended to read:
16 23-21-4. Right of access to lands for hunting, trapping, or fishing reserved to public
17 -- Exception.
18 (1) [There] Except as provided in Section 65A-2-5 , there is reserved to the public the right
19 of access to all lands owned by the state, including those lands lying below the official government
20 meander line or high water line of navigable waters, for the purpose of hunting, trapping, [and] or
21 fishing.
22 (2) [Whenever] When any department or agency of the state leases or sells any lands
23 belonging to the state of Utah lying below the official government meander line or the high water
24 line of the navigable waters within the state, the lease, contract of sale, or deed shall contain a
25 provision that:

26 (a) [these] the lands shall be open to the public for the purpose of hunting, trapping, [and]
27 or fishing [on them] during the lawful season, except[:] as provided by Section 65A-2-5 ; and
28 [(i) where the lands are situated in incorporated or unincorporated towns or cities; and]
29 [(ii) when it is mutually agreed by the director of the Division of Forestry, Fire, and State
30 Lands, and the Wildlife Board that the lands may be leased or sold for exploration or development
31 of minerals including oil and gas; and]
32 (b) no charge may be made by the lessee, contractee, or grantee to any person who desires
33 to go upon the land for the purpose of hunting, trapping, or fishing.
34 (3) Lands referred to in this section shall be regulated or closed to [fishing,] hunting, [or]
35 trapping, or fishing as provided in this [code] title for other lands and waters.
36 Section 2. Section 65A-2-5 is enacted to read:
37 65A-2-5. Protection of leasehold interests.
38 The director of the Division of Forestry, Fire, and State Lands, in conjunction with the
39 Wildlife Board, may restrict or limit public use of leased parcels of sovereign lands for hunting,
40 trapping, or fishing:
41 (1) upon the petition of the affected lessee;
42 (2) after a public hearing; and
43 (3) upon a determination that unrestricted public use for hunting, trapping, or fishing
44 substantially interferes with the primary activities authorized by the lease.