H.B. 380

1

UTAH LANDS PROTECTION ACT
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Fred C. Cox
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to the regulation of state lands.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . prohibits the Division of Forestry, Fire, and State Lands from materially changing
14 the management of or selling certain sovereign lands; and
15 . makes technical corrections.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 65A-1-1, as last amended by Laws of Utah 2009, Chapter 344
23 65A-10-1, as last amended by Laws of Utah 1994, Chapter 294
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 65A-1-1 is amended to read:
27 65A-1-1. Definitions.

28 As used in this title:
29 (1) "Advisory council" or "council" means the Forestry, Fire, and State Lands Advisory
30 Council.
31 (2) "Division" means the Division of Forestry, Fire, and State Lands.
32 (3) "Multiple use" means the management of various surface and subsurface resources
33 in a manner that will best meet the present and future needs of the people of this state.
34 (4) "Public trust assets" means those lands and resources, including sovereign lands,
35 administered by the division.
36 (5) (a) "Sovereign lands" means those lands:
37 (i) lying below the ordinary high water mark of navigable bodies of water at the date of
38 statehood; and
39 (ii) owned by the state by virtue of its sovereignty, including land previously claimed
40 by the federal government and claimed by the state through judgment, decree, purchase,
41 compact, exchange, gift, other conveyance, the United States Constitution, or other law.
42 (b) "Sovereign lands" does not include property owned by the federal government in
43 accordance with the United States Constitution Article I, Section 8, Clause 17.
44 (6) "State lands" means all lands administered by the division.
45 (7) "Sustained yield" means the achievement and maintenance of high level annual or
46 periodic output of the various renewable resources of land without impairment of the
47 productivity of the land.
48 Section 2. Section 65A-10-1 is amended to read:
49 65A-10-1. Authority of division to manage sovereign lands.
50 (1) The division is the management authority for sovereign lands, and may, except as
51 provided in Subsection (3), exchange, sell, or lease sovereign lands but only in the quantities
52 and for the purposes as serve the public interest and do not interfere with the public trust.
53 (2) Nothing in this section shall be construed as asserting state ownership of the beds
54 of nonnavigable lakes, bays, rivers, or streams.
55 (3) For the following if sovereign lands, the division may not materially change the
56 management policies from the management policies as of January 1, 2011, or sell:
57 (a) Arches National Park;
58 (b) Bryce Canyon National Park;

59 (c) Canyonlands National Park;
60 (d) Capitol Reef National Park; and
61 (e) Zion National Park.




Legislative Review Note
as of 2-22-11 12:23 PM

Office of Legislative Research and General Counsel