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7 LONG TITLE
8 General Description:
9 This bill deals with the creation of the San Rafael Swell State Park.
10 Highlighted Provisions:
11 This bill:
12 ▸ authorizes the Division of Parks and Recreation to enter into agreements with the
13 United States Bureau of Land Management and the School and Institutional Trust
14 Lands Administration to use the San Rafael Swell as a state park; and
15 ▸ states that the San Rafael Swell shall be considered part of the state parks system
16 once the Division of Parks and Recreation has entered into the agreements described
17 above.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 79-4-605, Utah Code Annotated 1953
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 79-4-605 is enacted to read:
28 79-4-605. San Rafael Swell included within state park system.
29 (1) As used in this section, "San Rafael Swell" means the area of land, approximately
30 11,000 acres, in Emery County, excluding a federal wilderness study area:
31 (a) south of Interstate 70 and bordered by the following federal wilderness study areas:
32 (i) San Rafael Reef;
33 (ii) Crack Canyon;
34 (iii) Muddy Creek; and
35 (iv) Devil's Canyon;
36 (b) north of Interstate 70 and bordered by the following federal wilderness study areas:
37 (i) Sid's Mountain; and
38 (ii) Mexican Mountain; and
39 (c) fully described by the map on file with the division.
40 (2) The division may:
41 (a) enter into an agreement for the use of the San Rafael Swell as a state park with:
42 (i) the United States Bureau of Land Management; and
43 (ii) the School and Institutional Trust Lands Administration; and
44 (b) receive donations of land or facilities at the San Rafael Swell for inclusion within
45 the state park.
46 (3) The San Rafael Swell, in whole or in part, shall be included within the state park
47 system once the division has entered into the agreements described in Subsection (2).
48 (4) In entering into the agreement described in Subsection (2)(a), the division:
49 (a) shall pursue a land transfer agreement with the United State Bureau of Land
50 Management;
51 (b) may, if a land transfer agreement is not possible, seek to purchase or lease the land
52 from the United States Bureau of Land Management through the Recreation and Public
53 Purposes Act, 43 U.S.C. 869 et seq.; and
54 (c) shall, subject to Subsection (5), finalize an agreement to receive land by transfer,
55 purchase, or lease, as described in Subsections (4)(a) and (b), if the resulting state park would
56 be financially self-sustaining.
57 (5) In determining whether the resulting state park would be financially self-sustaining
58 under Subsection (4)(c), the division may not consider one-time, up-front investments.
Legislative Review Note
as of 1-30-15 9:57 AM
Office of Legislative Research and General Counsel