H.B. 145

1

RANGELAND IMPROVEMENT ACT
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Bradley T. Johnson
5 Senate Sponsor: Thomas V. Hatch
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Rangeland Improvement Act, formerly known as the Taylor
10 Grazing Act.
11 Highlighted Provisions:
12 This bill:
13 . creates the State Grazing Advisory Board;
14 . creates regional grazing advisory boards;
15 . establishes board membership and duties;
16 . creates the Rangeland Improvement Fund, which is a restricted special revenue
17 fund;
18 . establishes fund sources and allows distributions of fund monies;
19 . designates the Department of Agriculture and Food as the fund administrator;
20 . repeals the requirement that advisory board treasurers file a surety bond with the
21 state treasurer;
22 . repeals provisions requiring distribution of certain funds to counties;
23 . modifies definitions; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 4-20-1, as enacted by Chapter 2, Laws of Utah 1979
32 4-20-2, as last amended by Chapter 30, Laws of Utah 1992
33 4-20-3, as enacted by Chapter 2, Laws of Utah 1979
34 ENACTS:
35 4-20-1.5, Utah Code Annotated 1953
36 4-20-1.6, Utah Code Annotated 1953
37 REPEALS:
38 4-20-4, as enacted by Chapter 2, Laws of Utah 1979
39 4-20-5, as enacted by Chapter 2, Laws of Utah 1979
40 4-20-6, as enacted by Chapter 2, Laws of Utah 1979
41 4-20-7, as enacted by Chapter 2, Laws of Utah 1979
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 4-20-1 is amended to read:
45 CHAPTER 20. RANGELAND IMPROVEMENT ACT
46 4-20-1. Title -- Definitions.
47 (1) This chapter is known as the "Rangeland Improvement Act."
48 (2) As used in this chapter:
49 [(1) "Advisory board" means a group of stockmen duly elected by the owners of
50 livestock within a particular grazing district and appointed by the Secretary of Interior to act
51 under oath in an advisory capacity within that district in the administration of the Taylor
52 Grazing Act;]
53 (a) "Cooperative weed management association" means a multigovernmental
54 association cooperating together to control noxious weeds in a geographic area that includes
55 some portion of Utah.
56 [(2)] (b) "Fees" mean the revenue collected by the United States Secretary of Interior
57 from assessments on livestock using public lands[;].
58 (c) "Fund" means the Rangeland Improvement Fund created in Section 4-20-2 .

59 [(3)] (d) "Grazing district" means [a convenient] an administrative unit of public and
60 private land designated by the [Secretary of Interior] commissioner as being valuable for
61 grazing and for raising forage crops[;].
62 [(4)] (e) "Public lands" mean:
63 (i) vacant, unappropriated, reserved, and unreserved federal lands; and
64 (ii) all lands held by the state, including school and institutional trust lands as defined
65 in Section 53C-1-103 .
66 (f) "Regional board" means a regional grazing advisory board whose members are
67 appointed under Section 4-20-1.6 .
68 [(5)] (g) "Sales" or "leases" mean the sale or lease, respectively, of isolated or
69 disconnected tracts of public lands by the United States Secretary of Interior.
70 (h) "State board" means the State Grazing Advisory Board created under Section
71 4-20-1.5 .
72 Section 2. Section 4-20-1.5 is enacted to read:
73 4-20-1.5. State Grazing Advisory Board -- Duties.
74 (1) (a) There is created within the department the State Grazing Advisory Board.
75 (b) The commissioner shall appoint the following members:
76 (i) one member from each regional board;
77 (ii) one member from the Soil Conservation Commission created in Section 4-18-4 ;
78 (iii) two livestock producers at-large; and
79 (iv) one representative of the oil, gas, or mining industry.
80 (2) The term of office for a state board member is four years.
81 (3) Members of the state board shall elect a chair, who shall serve for two years.
82 (4) (a) (i) Members who are not government employees of the state or local
83 government shall receive no compensation or benefits for their services, but may receive per
84 diem and expenses incurred in the performance of the member's official duties at the rates
85 established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
86 (ii) Members may decline to receive per diem and expenses for their service.
87 (b) (i) State government officer and employee members who do not receive salary, per
88 diem, or expenses from their agency for their service may receive per diem and expenses
89 incurred in the performance of their official duties from the board at the rates established by the

90 Division of Finance under Sections 63A-3-106 and 63A-3-107 .
91 (ii) State government officer and employee members may decline to receive per diem
92 and expenses for their service.
93 (c) (i) Local government members who do not receive salary, per diem, or expenses
94 from the entity that they represent for their service may receive per diem and expenses incurred
95 in the performance of their official duties at the rates established by the Division of Finance
96 under Sections 63A-3-106 and 63A-3-107 .
97 (ii) Local government members may decline to receive per diem and expenses for their
98 service.
99 (5) The state board shall:
100 (a) receive:
101 (i) advice and recommendations from a regional board concerning:
102 (A) management plans for federal and state lands within the regional board's region;
103 and
104 (B) any issue that impacts grazing on private or public lands in its region; and
105 (ii) requests for fund monies from the entities described in Subsections (5)(c)(i)
106 through (iv);
107 (b) recommend state policy positions and cooperative agency participation in federal
108 and state land management plans to the department and to the Public Lands Policy
109 Coordinating Office created under Section 63-38d-602 ; and
110 (c) advise the department on the requests and recommendations of:
111 (i) regional boards;
112 (ii) county weed control boards created under Section 4-17-4 ;
113 (iii) cooperative weed management associations; and
114 (iv) soil conservation districts created under the authority of Title 17A, Chapter 3, Part
115 8, Soil Conservation Districts.
116 Section 3. Section 4-20-1.6 is enacted to read:
117 4-20-1.6. Regional Grazing Advisory Boards -- Duties.
118 (1) The commissioner shall appoint members to a regional board for each grazing
119 district from nominations submitted by:
120 (a) the Utah Cattlemen's Association;

121 (b) the Utah Woolgrower's Association; and
122 (c) a soil conservation district, if the soil conservation district's boundaries include
123 some portion of the grazing district.
124 (2) Regional boards:
125 (a) shall provide advice and recommendations to the state board; and
126 (b) may receive monies from the Rangeland Improvement Fund created in Section
127 4-20-2 .
128 Section 4. Section 4-20-2 is amended to read:
129 4-20-2. Rangeland Improvement Fund -- Administered by department.
130 (1) (a) There is created a restricted special revenue fund known as the "Rangeland
131 Improvement Fund."
132 (b) The fund shall consist of:
133 (i) [All funds] all monies received by the state from [fees or from sales or leases
134 collected by] the United States Secretary of Interior under the Taylor Grazing Act, 43 U.S.C.
135 Section 315 et seq., [shall be deposited with the state treasurer.] for sales, leases, and fees;
136 (ii) grants or appropriations from the state or federal government;
137 (iii) grants from private foundations; and
138 (iv) interest on fund monies.
139 (2) Any unallocated balance in the fund at the end of a fiscal year is nonlapsing.
140 (3) The [state treasurer] department shall [determine]:
141 (a) administer the fund;
142 (b) obtain from the United States Department of Interior the receipts collected from:
143 (i) fees in each grazing district; and
144 (ii) the receipts collected from the sale or lease of public lands[.]; and
145 (c) distribute fund monies in accordance with Section 4-20-3 .
146 Section 5. Section 4-20-3 is amended to read:
147 4-20-3. Rangeland Improvement Fund distribution.
148 (1) The department shall distribute fund monies as provided in this section.
149 (a) The [funds] department shall:
150 (i) distribute pro rata to each school district the monies received by the state under
151 Subsection 4-20-2 (1)(b)(i) from the sale or lease of public lands [shall be distributed pro rata to

152 each school district] based upon the amount of revenue generated from the sale or lease of
153 public lands within [such] the district[. All revenue]; and
154 (ii) ensure that all monies generated from the sale or lease of public lands within a
155 [particular] school district [shall be] are credited and deposited to the general school fund of
156 that school district.
157 (b) (i) After the commissioner approves a request from a regional board, the
158 department shall distribute pro rata to each regional board monies received by the state under
159 Subsection 4-20-2 (1)(b)(i) from fees based upon the amount of revenue generated from the
160 imposition of fees within that grazing district.
161 (ii) The regional board shall expend monies received in accordance with Subsection
162 (2).
163 (c) (i) The department shall distribute or expend monies received by the state under
164 Subsections 4-20-2 (1)(b)(ii) through (iv) for the purposes outlined in Subsection (2).
165 (ii) The department may require entities seeking funding from sources outlined in
166 Subsections 4-20-2 (1)(b)(ii) through (iv) to provide matching funds.
167 (2) The department shall ensure that fund distributions or expenditures under
168 Subsections (1)(b) and (c) are used for:
169 (a) range improvement and maintenance;
170 (b) the control of predatory and depredating animals;
171 (c) the control, management, or extermination of invading species, range damaging
172 organisms, and poisonous or noxious weeds;
173 (d) the purchase or lease of lands for the benefit of a grazing district;
174 (e) watershed protection, development, distribution, and improvement; and
175 (f) the general welfare of livestock grazing within a grazing district.
176 Section 6. Repealer.
177 This bill repeals:
178 Section 4-20-4, Revenue from grazing fees to be distributed pro rata to grazing
179 districts -- Basis for distribution.
180 Section 4-20-5, Grazing districts to distribute funds received pro rata to counties
181 within district -- Basis for distribution -- Advisory board to direct expenditure of funds.
182 Section 4-20-6, Advisory board treasurer to file surety bond with state treasurer --

183 Bond premium payment.
184 Section 4-20-7, State treasurer to distribute revenue to grazing districts.




Legislative Review Note
as of 1-20-06 7:29 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel