H.B. 162 Enrolled

USE OF BEAR RIVER BIRD REFUGE
SETTLEMENT MONIES
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Ben C. Ferry
This act modifies State Affairs in General. The act creates two restricted accounts: the
Wetlands Protection Restricted Account and the Recreational Trails and Streams
Enhancement and Protection Restricted Account which are to be funded by payments
resulting from a 2002 Settlement Agreement between the United States Department of the
Interior through the Fish and Wildlife Service and the state through the Department of
Natural Resources. The act provides for use of these monies. The act provides a contingent
effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-34-5, as last amended by Chapter 66, Laws of Utah 1993
ENACTS:
63-34-3.2, Utah Code Annotated 1953
63-34-3.3, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-34-3.2 is enacted to read:
63-34-3.2. Wetlands Protection Account.
(1) There is created within the General Fund a restricted account known as the Wetlands
Protection Account.
(2) The account shall be funded by a $10,000,000 payment resulting from a 2002
Settlement Agreement between the United States Department of the Interior through the Fish and
Wildlife Service and the state through the Department of Natural Resources and interest earned
on the account.
(3) Funds in the Wetlands Protection Account may be used in accordance with the public
trust doctrine.

Section 2. Section 63-34-3.3 is enacted to read:
63-34-3.3. Recreational Trails and Streams Enhancement and Protection Account.
(1) There is created within the General Fund a restricted account known as the Recreational
Trails and Streams Enhancement and Protection Account.
(2) The account shall be funded by a $5,000,000 payment resulting from a 2002 Settlement
Agreement between the United States Department of the Interior through the Fish and Wildlife
Service and the state through the Department of Natural Resources and interest earned on the
account.
(3) Funds in the Recreational Trails and Streams Enhancement and Protection Account may
be used for the:
(a) development, improvement, and expansion of motorized and nonmotorized recreational
trails on public and private lands in the state; and
(b) preservation, reclamation, enhancement, or conservation of streams in the state.
Section 3. Section 63-34-5 is amended to read:
63-34-5. Executive director of Department of Natural Resources -- Appointment --
Removal -- Compensation -- Responsibilities -- Department fee schedule.
(1) (a) The chief administrative officer of the Department of Natural Resources shall be an
executive director appointed by the governor with the advice and consent of the Senate.
(b) The executive director may be removed at the will of the governor.
(c) The executive director shall receive a salary established by the governor within the salary
range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2) The executive director shall:
(a) administer and supervise the Department of Natural Resources and provide for
coordination and cooperation among the boards and divisions of the department;
(b) approve the budget of each board and division;
(c) (i) coordinate state governmental functions regarding energy development;
(ii) facilitate the development and implementation of policies and programs relating to
energy production, processing, utilization, and technology in the state;

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(iii) coordinate and consolidate energy resource data collection throughout state government;
(iv) perform forecasts of state-level energy production, consumption, and prices;
(v) monitor federal laws and regulations relating to energy development, processing, or use,
and recommend policy positions for the state;
(vi) participate in regulatory proceedings as appropriate to the functions and duties of the
department;
(vii) represent the state on regional and national energy matters on his own initiative or as
requested by the governor; and
(viii) provide the Legislature and the governor with:
(A) a biennial report addressing the current status of energy markets in the state; and
(B) an independent assessment of energy issues[.];
(d) ensure that funds appropriated to the Department of Natural Resources from the
Wetlands Protection Account created by Section 63-34-3.2 are expended in accordance with
Subsection 63-34-3.2 (3);
(e) ensure that funds appropriated to the Department of Natural Resources from the
Recreational Trails and Streams Enhancement and Protection Account created by Section 63-34-3.3
are expended in accordance with Subsection 63-34-3.3 (3);
[(d)] (f) report at the end of each fiscal year to the governor on department activities, and
activities of the boards and divisions; and
[(e)] (g) perform other duties as provided by the Legislature by statute.
(3) Unless otherwise provided by statute, the department may adopt a schedule of fees
assessed for services provided by the department. The fee shall be reasonable and fair and shall
reflect the cost of services provided. Each fee established in this manner shall be submitted to and
approved by the Legislature as part of the department's annual appropriations request. The
department may not charge or collect any fee proposed in this manner without approval of the
Legislature.
Section 4. Contingent effective date.
The amendments and enactments in this act take effect upon execution and funding of the

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2002 Settlement Agreement between the United States Department of the Interior through the Fish
and Wildlife Service and the state through the Department of Natural Resources.

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