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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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