First Substitute H.B. 164

Representative Marc K. Roberts proposes the following substitute bill:

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 Roger E. Barrus
11 Melvin R. Brown
12 Kay J. Christofferson
13 Susan Duckworth
14 Brian M. GreeneKeith Grover
Stephen G. Handy
Ken Ivory
John Knotwell
Dana L. Layton
David E. Lifferth
Mike K. McKell
Jim NielsonCurtis Oda
Jeremy A. Peterson
Douglas V. Sagers
Jon E. Stanard
Keven J. Stratton
John R. Westwood
Ryan D. Wilcox 15
16 LONG TITLE
17 General Description:
18 This bill modifies Title 11, Cities, Counties, and Local Taxing Units, by creating the
19 "Local Jurisdiction Related to Federally Managed Land Act."
20 Highlighted Provisions:
21 This bill:
22 . defines terms;
23 . describes actions that may be taken by a chief executive officer of a municipality or
24 county, or a county sheriff, to respond to action taken, or action not being taken, by

25 the United States Bureau of Land Management (BLM) or the United States Forest Service
26 (Forest Service) on federally managed land in the state that adversely affects or constitutes an
27 imminent threat to the health, safety, or welfare of the people of the municipality or county,
28 which actions may include:
29 . providing written notice to the BLM or Forest Service; and
30 . entry onto the federally managed land to mitigate the risk to the health, safety,
31 or welfare of the people of the municipality, if, after receiving notice, the BLM
32 or Forest Service does not mitigate the risk to the health, safety, or welfare of
33 the people of the municipality or county; and
34 . provides that the state shall indemnify a chief executive officer, a county sheriff, or
35 an employee or agent of the chief executive officer or county sheriff against an
36 action brought by the United States or a federal representative, if the indemnified
37 person was acting in good faith to follow the requirements of this act.
38 Money Appropriated in this Bill:
39 None
40 Other Special Clauses:
41 None
42 Utah Code Sections Affected:
43 ENACTS:
44 11-50-101, Utah Code Annotated 1953
45 11-50-102, Utah Code Annotated 1953
46 11-50-103, Utah Code Annotated 1953
47 11-50-104, Utah Code Annotated 1953
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 11-50-101 is enacted to read:
51 CHAPTER 50. LOCAL JURISDICTION RELATED TO FEDERALLY
52 MANAGED LAND ACT
53 11-50-101. Title.
54 This chapter is known as the "Local Jurisdiction Related to Federally Managed Land
55 Act."

56 Section 2. Section 11-50-102 is enacted to read:
57 11-50-102. Definitions.
58 As used in this chapter:
59 (1) "Chief executive officer" means:
60 (a) for a municipality:
61 (i) the mayor, if the municipality is operating under a form of municipal government
62 other than the council-manager form of government; or
63 (ii) the city manager, if the municipality is operating under the council-manager form
64 of government; or
65 (b) for a county:
66 (i) the chair of the county commission, if the county is operating under the county
67 commission or expanded county commission form of government;
68 (ii) the county executive officer, if the county is operating under the county-executive
69 council form of government; or
70 (iii) the county manager, if the county is operating under the council-manager form of
71 government.
72 (2) "County sheriff" means an individual elected to the office of county sheriff in the
73 state who meets the qualifications described in Section 17-22-1.5 .
74 (3) "Federal agency" means the United States Bureau of Land Management or the
75 United States Forest Service.
76 (4) "Federally managed land" means land that is managed by the United States Bureau
77 of Land Management or the United States Forest Service.
78 (5) "Political subdivision" means a municipality or county.
79 Section 3. Section 11-50-103 is enacted to read:
80 11-50-103. Local jurisdiction related to federally managed land.
81 The authority of a chief executive officer of a political subdivision or county sheriff to
82 exercise jurisdiction over federally managed land in the state that is encompassed by or
83 adjacent to the political subdivision includes the following:
84 (1) if the action or inaction of a federal agency related to federally managed land
85 adversely affects or constitutes an imminent threat to the health, safety, or welfare of the people
86 of the political subdivision, the chief executive officer or county sheriff may provide written

87 notice to the federal agency, which notice shall:
88 (a) be delivered to the federal agency by hand or by certified mail and a copy provided
89 by certified mail to the governor, the state attorney general, and the state's Congressional
90 delegation;
91 (b) include a detailed explanation of how the action or inaction of the federal agency
92 related to federally managed land adversely affects or constitutes an imminent threat to the
93 health, safety, or welfare of the people of the political subdivision;
94 (c) include a detailed description of the action the federal agency should take to
95 mitigate the risk to the health, safety, or welfare of the people of the political subdivision; and
96 (d) provide a specific date by which time the federal agency should respond to the
97 notice; and
98 (2) if after receiving notice as described in Subsection (1)(a), the federal agency does
99 not respond by the date requested in the notice, or otherwise indicates that it is unwilling to
100 take action to mitigate the risk to the health, safety, or welfare of the people of the political
101 subdivision described in the notice, the chief executive officer or county sheriff may exercise
102 jurisdictional authority by taking action to mitigate the risk to the health, safety, or welfare of
103 the people of the political subdivision, which action may include:
104 (a) entry onto the federally managed land by the chief executive officer or county
105 sheriff and employees or agents of the chief executive officer or county sheriff as necessary to
106 mitigate the risk to the health, safety, or welfare of the people of the political subdivision; and
107 (b) authorizing any vehicle as defined in Section 41-6a-102 and any equipment to be
108 brought onto federally managed land and used as necessary to mitigate the risk to the health,
109 safety, or welfare of the people of the political subdivision.
110 Section 4. Section 11-50-104 is enacted to read:
111 11-50-104. Indemnification.
112 If the United States or a federal representative brings an action or a proceeding against a
113 chief executive officer, a county sheriff, or an employee or agent of a chief executive officer or
114 county sheriff for exercising the jurisdictional authority described in this chapter, the state shall
115 indemnify, hold harmless, and defend the chief executive officer, the county sheriff, or the
116 employee or agent, if the chief executive officer, the county sheriff, or the employee or agent:
117 (1) acted in good faith in responding to a risk to the health, safety, or welfare of the

118 people of the political subdivision;
119 (2) acted in good faith to follow the requirements of this chapter; and
120 (3) for an employee or agent, acted in good faith to follow the express direction of the
121 chief executive officer or county sheriff in any entry, or mitigation action performed, on
122 federally managed land.

[Bill Documents]