H.B. 113

1

COUNTY GOVERNING BODY AUTHORITY
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen G. Handy
5 Senate Sponsor: Kevin T. Van Tassell
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions authorizing a county governing body to represent the county
10 and consult with the federal government in certain federal land development and
11 regulation actions.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . authorizes a county governing body to represent the county as a cooperating agency
16 for certain federal land development and management actions;
17 . designates the governing body as a body that has special expertise for certain federal
18 land development and management actions; and
19 . authorizes a county to participate in certain coordinating efforts with a federal
20 agency.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 17-53-318, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 17-53-318 is enacted to read:
31 17-53-318. Governing body as cooperating agency in federal land planning and
32 regulation.
33 (1) As used in this section:
34 (a) "Cooperating agency" means:
35 (i) a cooperating agency as defined in 43 CFR 1601.0-5; or
36 (ii) a cooperating agency as defined in 40 CFR 1508.5.
37 (b) "General plan" means the general plan described in Title 17, Chapter 27a, Part 4,
38 General Plan.
39 (c) "Governing body" means, respectively:
40 (i) a county commission;
41 (ii) a county council and county executive; or
42 (iii) a county council and county manager.
43 (2) A governing body or a person designated by the governing body:
44 (a) may represent the county as a cooperating agency; and
45 (b) is considered to have special expertise:
46 (i) in a matter related to the:
47 (A) National Environmental Policy Act of 1969, 42 U.S.C. Sec. 4321 et seq.;
48 (B) Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
49 (C) Wilderness Act of 1964, 16 U.S.C. Sec. 1131 et seq.;
50 (D) Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. Sec. 528 et seq.;
51 (E) National Forest Management Act of 1976, 16 U.S.C. Sec. 1600 et seq.; or
52 (F) an energy policy and conservation act amended by the Energy Policy Act of 2005,
53 42 U.S.C. Sec. 16511 et seq.;
54 (ii) in a matter related to federal land development and planning, the implementation of
55 a federal resource management plan, and other related federal land management actions;
56 (iii) regarding whether a federal land development and plan, resource management
57 plan, or other related federal land management action is consistent with an adopted county
58 general plan; and

59 (iv) on a subject matter for which it has statutory responsibility, including a subject
60 matter related to the health, safety, welfare, custom, culture, or socioeconomic viability of a
61 county.
62 (3) A county through its governing body or a person designated by the governing body
63 may participate in efforts to coordinate and make consistent the federal agency resource
64 management plan or other related management action with the general plan as provided in:
65 (a) the Federal Land Policy Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
66 (b) 16 U.S.C. Sec. 1604; or
67 (c) any other federal law or rule that provides for coordination and consistency with
68 local government plans and policies.




Legislative Review Note
as of 2-4-13 1:30 PM

Office of Legislative Research and General Counsel

[Bill Documents]