H.B. 90

1

WILDFIRE PROTECTION AMENDMENTS ON STATE
2 PROPERTY
3 2011 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Val L. Peterson
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends the duties of the Division of Forestry, Fire, and State Lands to include
11 preventing the origin and spread of fire on lands leased to the Utah National Guard.
12 Highlighted Provisions:
13 This bill:
14 . amends the duties of the Division of Forestry, Fire, and State Lands to include
15 preventing the origin and spread of fire on federal lands leased to the Utah National
16 Guard for military use;
17 . requires the division to cooperate with the Utah National Guard for the control of
18 wildland fire and to protect life and property on federal lands leased to the Utah
19 National Guard for military use; and
20 . makes technical changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 65A-8-101, as last amended by Laws of Utah 2008, Chapter 20

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 65A-8-101 is amended to read:
31 65A-8-101. Division responsibilities for fire control and the preservation of
32 forest, watershed, and other lands -- Reciprocal agreements for fire protection.
33 (1) The division shall determine and execute the best method for protecting private and
34 public property by:
35 (a) except as provided by Subsection (1)(e), preventing the origin and spread of fire on:
36 (i) nonfederal forest, range, or watershed land in an unincorporated area of the state;
37 and
38 (ii) federal lands leased to the Utah National Guard for exclusive military use;
39 (b) protecting a nonfederal forest or watershed area using conservation principles;
40 (c) encouraging a private landowner to preserve, protect, and manage forest or other
41 land throughout the state;
42 (d) taking action the division considers appropriate to control wildland fire and protect
43 life and property on:
44 (i) the nonfederal forest, range, or watershed land within an unincorporated area of the
45 state; and
46 (ii) federal lands leased to the Utah National Guard for exclusive military use, in
47 cooperation with the Utah National Guard; and
48 (e) implementing a limited fire suppression strategy, including allowing a fire to burn
49 with limited or modified suppression, if the division determines that the strategy is appropriate
50 for a specific area or circumstance.
51 (2) The division may:
52 (a) enter into an agreement with a public or private agency or individual:
53 (i) for the purpose of protecting, managing, or rehabilitating land owned or managed by
54 the agency or individual; and
55 (ii) establishing a predetermined fire suppression plan, including a limited fire
56 suppression strategy, for a specific fire management area; and
57 (b) enter into a reciprocal agreement with a fire protection organization, including a
58 federal agency, to provide fire protection for land and an improvement for which the

59 organization normally provides fire protection.




Legislative Review Note
as of 1-27-11 4:12 PM

Office of Legislative Research and General Counsel