H.B. 164 Enrolled

1

STATE AND POLITICAL SUBDIVISION
2 JURISDICTIONAL AMENDMENTS
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Marc K. Roberts
6 Senate Sponsor: David P. Hinkins
7 Cosponsors:
8 Jacob L. Anderegg
9 Jerry B. Anderson
10 Stewart Barlow
11 Roger E. Barrus
12 Derek E. Brown
13 Melvin R. Brown
14 Kay J. Christofferson
15 Spencer J. Cox
16 Susan DuckworthBrian M. Greene
Keith Grover
Stephen G. Handy
Ken Ivory
John Knotwell
Dana L. Layton
David E. Lifferth
Mike K. McKell
Jim Nielson
Michael E. NoelCurtis Oda
Jeremy A. Peterson
Douglas V. Sagers
V. Lowry Snow
Jon E. Stanard
Keven J. Stratton
John R. Westwood
Ryan D. Wilcox 17
18 LONG TITLE
19 General Description:
20 This bill modifies Title 11, Cities, Counties, and Local Taxing Units, by creating the
21 "Local Jurisdiction Related to Federally Managed Land Act."
22 Highlighted Provisions:
23 This bill:
24 . defines terms; and
25 . describes the jurisdictional authority that may be exercised by a chief executive
26 officer of a municipality or county, or a county sheriff, in response to action taken,
27 or action not being taken, by the United States Bureau of Land Management (BLM)
28 or the United States Forest Service (Forest Service) on federally managed land in

29 the state that adversely affects or constitutes an imminent threat to the health, safety, or welfare
30 of the people of the municipality or county, which includes:
31 . providing written notice to the BLM or Forest Service; and
32 . taking action to mitigate the risk to the health, safety, or welfare of the people of
33 the municipality, if, after receiving notice, the BLM or Forest Service does not
34 mitigate the risk to the health, safety, or welfare of the people of the
35 municipality or county.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 ENACTS:
42 11-50-101, Utah Code Annotated 1953
43 11-50-102, Utah Code Annotated 1953
44 11-50-103, Utah Code Annotated 1953
45
46 Be it enacted by the Legislature of the state of Utah:
47 Section 1. Section 11-50-101 is enacted to read:
48 CHAPTER 50. LOCAL JURISDICTION RELATED TO FEDERALLY
49 MANAGED LAND ACT
50 11-50-101. Title.
51 This chapter is known as the "Local Jurisdiction Related to Federally Managed Land
52 Act."
53 Section 2. Section 11-50-102 is enacted to read:
54 11-50-102. Definitions.
55 As used in this chapter:
56 (1) "Chief executive officer" means:

57 (a) for a municipality:
58 (i) the mayor, if the municipality is operating under a form of municipal government
59 other than the council-manager form of government; or
60 (ii) the city manager, if the municipality is operating under the council-manager form
61 of government; or
62 (b) for a county:
63 (i) the chair of the county commission, if the county is operating under the county
64 commission or expanded county commission form of government;
65 (ii) the county executive officer, if the county is operating under the county-executive
66 council form of government; or
67 (iii) the county manager, if the county is operating under the council-manager form of
68 government.
69 (2) "County sheriff" means an individual elected to the office of county sheriff in the
70 state who meets the qualifications described in Section 17-22-1.5 .
71 (3) "Federal agency" means the United States Bureau of Land Management or the
72 United States Forest Service.
73 (4) "Federally managed land" means land that is managed by the United States Bureau
74 of Land Management or the United States Forest Service.
75 (5) "Political subdivision" means a municipality or county.
76 Section 3. Section 11-50-103 is enacted to read:
77 11-50-103. Local jurisdiction related to federally managed land -- Written notice
78 -- Mitigation action.
79 The authority of a chief executive officer of a political subdivision or county sheriff to
80 exercise jurisdiction over federally managed land in the state that is encompassed by or
81 adjacent to the political subdivision includes the following:
82 (1) if the action or inaction of a federal agency related to federally managed land
83 adversely affects or constitutes an imminent threat to the health, safety, or welfare of the people
84 of the political subdivision, the chief executive officer or county sheriff may provide written

85 notice to the federal agency, which notice shall:
86 (a) be delivered to the federal agency by hand or by certified mail and a copy provided
87 by certified mail to the governor, the state attorney general, and the state's Congressional
88 delegation;
89 (b) include a detailed explanation of how the action or inaction of the federal agency
90 related to federally managed land adversely affects or constitutes an imminent threat to the
91 health, safety, or welfare of the people of the political subdivision;
92 (c) include a detailed description of the action the federal agency should take to
93 mitigate the risk to the health, safety, or welfare of the people of the political subdivision; and
94 (d) provide a specific date by which time the federal agency should respond to the
95 notice; and
96 (2) if after receiving notice as described in Subsection (1)(a), the federal agency does
97 not respond by the date requested in the notice, or otherwise indicates that it is unwilling to
98 take action to mitigate the risk to the health, safety, or welfare of the people of the political
99 subdivision described in the notice, the chief executive officer or county sheriff may take
100 action to mitigate the risk to the health, safety, or welfare of the people of the political
101 subdivision.

[Bill Documents]