House of Representatives State of Utah




         UTAH STATE CAPITOL COMPLEX . 350 STATE CAPITOL

Figure

Graphic file number 0 named letter~1.jpg with height 78 p and width 81 p Left aligned
         P.O. BOX 145030 . SALT LAKE CITY, UTAH 84114-5030 . (801) 538-1029
NOTICE OF BILL

RETURNED TO RULES COMMITTEE

February 28, 2012

Madam Speaker:

    With committee review, the Natural Resources, Agriculture, and Environment Committee recommends H.B. 209, UTAH LANDS PROTECTION ACT, by Representative F. Cox, et al, be replaced with 1st Sub. H.B. 209, UTAH LANDS PROTECTION ACT, and has returned it to the Rules Committee with the following amendments:

1.    Page 1, Lines 18 through 19 :    

             18          .    prohibits the Division of Forestry, Fire, and State Lands from selling or
             19      substantially changing the

{   management   }        use       of certain sovereign lands;

  . provides for the Division of Forestry, Fire, and State Lands to manage all sovereign lands that are not obtained specifically for use by another department or agency of the state;      


2.    Page 3, Lines 63 through 65 :    

             63          (1) The division is the management authority for sovereign lands
  that are not obtained specifically for use by another department or agency of the state       , and may, except as

             64      provided in
{   Subsection   }        Subsections       (5)        and (6)       , exchange, sell, or lease sovereign lands but only in the quantities

             65      and for the purposes [as] that serve the public interest and do not interfere with the public trust.

3.    Page 3, Line 70 through Page 4, Line 82 :    

             70          (4)
  (a)       If any United States public lands owned or claimed by the federal government on


             71
     January 1, 2012, become sovereign lands,
{   then   } the State School Fund,      {   pursuant to   }        in accordance with       Utah

             72      Constitution, Article X, Section 5, Subsection (5)(b), shall receive
  from the federal government       5% of the net proceeds from

             73      the sale of those lands.
  (b) Except as provided in Subsection (4)(c), when the state sells sovereign lands described in Subsection (4)(a), the state shall deposit into the State School Fund an amount equal to 0.05 multiplied by the fair market value of the sovereign lands on the day on which the lands become sovereign lands.

(c) (i) Subsection (4)(b) does not apply, if, at the time that the lands became sovereign lands:
(A) the state paid fair market value for the lands; and
(B) 5% of the net proceeds received by the federal government for the sale of the lands was deposited into the State School Fund.
(ii) If, at the time that lands described in Subsection (4)(a) became sovereign lands, the state paid less than fair market value for the lands, the state shall, when the state sells the sovereign lands, deposit into the State School Fund the difference between:
(A) the amount that would have been deposited into the State School Fund by the federal government if the state had paid fair market value for the land; and
(B) the amount that was deposited into the State School Fund by the federal government at the time that the lands became sovereign lands.  

  (5) If sovereign lands described in Subsection (4)(a) are not obtained specifically for use by a department or agency of the state other than the division, the division may not substantially change the use of those lands unless the division:

(a) makes a written finding that the change serves the public interest and does not interfere with the public trust; and
(b) submits a copy of the finding to:
(i) (A) the Legislative Management Committee; or
(B) another committee designated by the Legislative Management Committee; and
(ii) the office of the Lieutenant Governor.  

             74          
{   (5)   }        (6)            {   If   }        Notwithstanding any other provision of this section, if       any of the following become sovereign lands, the division may not sell the

             75      sovereign lands or substantially change the
{   management policies that relate to   }        use of       those sovereign


             76
     lands from the
{   management policies that were in effect for   }        use of       those sovereign lands on January 1,

             77      2012:
             78          (a) Arches National Park;
             79          (b) Bryce Canyon National Park;
             80          (c) Canyonlands National Park;
             81          (d) Capitol Reef National Park; or
             82          (e) Zion National Park.


    Respectfully,

    Roger E. Barrus
    Committee Chair
Voting: --
15 HB0209.HC1.wpd 3/1/12 12:00 pm abradshaw/JBA TJN/AMN


Bill Number
Action Class
Action Code

*HB0209S01*
*H*
*HCRRUL*

HB0209S01
H
HCRRUL