This document includes Senate Committee Amendments incorporated into the bill on Fri, Mar 4, 2016 at 11:11 AM by lpoole.
Representative Michael E. Noel proposes the following substitute bill:




Chief Sponsor: Michael E. Noel

Senate Sponsor: David P. Hinkins


8     General Description:
9          This bill enacts the Utah Public Land Management Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     makes findings;
14          ▸     requires the director of the Division of Oil, Gas, and Mining to make a report to the
15     Commission for the Stewardship of Public Lands;
16          ▸     establishes duties for the director of the Department of Natural Resources and the
17     commissioner of the Department of Agriculture and Food;
18          ▸     authorizes fees;
19          ▸     establishes the:
20               •     Public Land Protection Fund;
21               •     Public Land Management Fund;
22               •     Timber Fund; and
23               •     Grazing Land Fund;
24          ▸     establishes a procedure to issue a right-of-way or use authorization on public land;
25          ▸     creates the Division of Land Management within the Department of Natural

26     Resources;
27          ▸     creates the Public Land Management Advisory Board;
28          ▸     requires reports to the Legislature; and
29          ▸     makes technical changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          None
34     Utah Code Sections Affected:
35     AMENDS:
36          40-6-16, as last amended by Laws of Utah 1993, Chapter 227
37          79-2-201, as last amended by Laws of Utah 2013, Chapter 413
38     ENACTS:
39          63L-8-101, Utah Code Annotated 1953
40          63L-8-102, Utah Code Annotated 1953
41          63L-8-103, Utah Code Annotated 1953
42          63L-8-104, Utah Code Annotated 1953
43          63L-8-105, Utah Code Annotated 1953
44          63L-8-201, Utah Code Annotated 1953
45          63L-8-202, Utah Code Annotated 1953
46          63L-8-203, Utah Code Annotated 1953
47          63L-8-301, Utah Code Annotated 1953
48          63L-8-302, Utah Code Annotated 1953
49          63L-8-303, Utah Code Annotated 1953
50          63L-8-304, Utah Code Annotated 1953
51          63L-8-305, Utah Code Annotated 1953
52          63L-8-306, Utah Code Annotated 1953
53          63L-8-307, Utah Code Annotated 1953
54          63L-8-308, Utah Code Annotated 1953
55          63L-8-309, Utah Code Annotated 1953
56          63L-8-310, Utah Code Annotated 1953

57          63L-8-311, Utah Code Annotated 1953
58          63L-8-312, Utah Code Annotated 1953
59          63L-8-401, Utah Code Annotated 1953
60          63L-8-402, Utah Code Annotated 1953
61          63L-8-403, Utah Code Annotated 1953
62          63L-8-501, Utah Code Annotated 1953
63          63L-8-502, Utah Code Annotated 1953
64          63L-8-503, Utah Code Annotated 1953
65          63L-8-504, Utah Code Annotated 1953
66          63L-8-505, Utah Code Annotated 1953
67          63L-8-506, Utah Code Annotated 1953
68          63L-8-507, Utah Code Annotated 1953
69          63L-8-508, Utah Code Annotated 1953
70          63L-8-509, Utah Code Annotated 1953
71          63L-8-510, Utah Code Annotated 1953
72          63L-8-511, Utah Code Annotated 1953
73          63L-8-601, Utah Code Annotated 1953
74          63L-8-602, Utah Code Annotated 1953
75          79-6-101, Utah Code Annotated 1953
76          79-6-102, Utah Code Annotated 1953
77          79-6-103, Utah Code Annotated 1953
78          79-6-104, Utah Code Annotated 1953
79          79-6-105, Utah Code Annotated 1953

81     Be it enacted by the Legislature of the state of Utah:
82          Section 1. Section 40-6-16 is amended to read:
83          40-6-16. Duties of division.
84          (1) In addition to the duties assigned by the board, the division shall:
85          [(1)] (a) develop and implement an inspection program that will include but not be
86     limited to production data, pre-drilling checks, and site security reviews;
87          [(2)] (b) publish a monthly production report;

88          [(3)] (c) publish a monthly gas processing plant report;
89          [(4)] (d) review and evaluate, prior to a hearing, evidence submitted with the petition to
90     be presented to the board;
91          [(5)] (e) require adequate assurance of approved water rights in accordance with rules
92     and orders enacted under Section 40-6-5; and
93          [(6)] (f) notify the county executive of the county in which the drilling will take place
94     in writing of the issuance of a drilling permit.
95          (2) The director shall, by October 30, 2016, report to the Commission for the
96     Stewardship of Public Lands regarding the division's recommendations for how the state shall
97     deal with oil, gas, and mining issues in the Utah Public Land Management Act.
98          Section 2. Section 63L-8-101 is enacted to read:

Part 1. General Provisions

101          63L-8-101. Title.
102          (1) This chapter is known as the "Utah Public Land Management Act."
103          (2) This part is known as "General Provisions."
104          Section 3. Section 63L-8-102 is enacted to read:
105          63L-8-102. Definitions.
106           As used in this chapter:
107          (1) "Board" means the board created in Section 79-6-104.
108          (2) "Commissioner" means the commissioner of the Department of Agriculture and
109     Food, or the commissioner's designee.
110          (3) "DAF" means the Department of Agriculture and Food.
111          (4) "Director" means the director of the Division of Land Management or the director's
112     designee.
113          (5) "DLM" means the Division of Land Management, a division created within the
114     Department of Natural Resources in Section 79-6-102.
115          (6) "Grazing permit" means a document, issued by the Division of Land Management,
116     authorizing use of public land for the purpose of grazing domestic livestock.
117          (7) "Land use authorization" means an easement, lease, permit, or license to occupy,
118     use, or traverse public land granted for a particular purpose.

119          (8) "Minerals" means all classes of inorganic material upon, within, or beneath the
120     surface of public land, including silver, gold, copper, lead, zinc, uranium, gemstones, potash,
121     gypsum, clay, salts, sand, rock, gravel, oil, oil shale, oil sands, gas, coal, and all carboniferous
122     materials.
123          (9) "Multiple use" means:
124          (a) the management of the public land and the public land's various resource values so
125     resources are best utilized in the combination that will meet the present and future needs of the
126     citizens of Utah;
127          (b) making the most judicious use of land for some or all of the resources or related
128     services over areas large enough to provide sufficient latitude for periodic adjustments in use to
129     conform to changing needs and conditions;
130          (c) a combination of balanced and diverse resource uses that take into account the
131     long-term needs of future generations for renewable and non-renewable resources, including
132     recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific,
133     and historic values; and
134          (d) harmonious and coordinated management of the various resources without
135     permanent impairment of the productivity of the land and the quality of the environment with
136     consideration being given to the relative values of the resources.
137          (10) "Public land" means any land or land interest acquired by the state from the
138     federal government pursuant to Section 63L-6-103, except:
139          (a) areas subsequently designated as a protected wilderness area, as described in Title
140     63L, Chapter 7, Utah Wilderness Act; and
141          (b) lands managed by the School and Institutional Trust Lands Administration pursuant
142     to Title 53C, School and Institutional Trust Lands Management Act.
143          (11) "Rangeland" means open public land used for grazing domestic livestock.
144          (12) "Sustained yield" means the achievement and maintenance in perpetuity of a
145     high-level annual or regular periodic output of the various renewable resources of the public
146     land consistent with multiple use.
147          (13) "Wilderness" means the same as that term is defined in Section 63L-7-103.
148          Section 4. Section 63L-8-103 is enacted to read:
149          63L-8-103. Principal or major use.

150          Each parcel of public land in this state shall be managed, as much as possible, to
151     promote the following principal or major uses of the land, consistent with the principles of
152     multiple use and sustained yield:
153          (1) domestic livestock grazing;
154          (2) fish and wildlife development and utilization;
155          (3) mineral exploration and production;
156          (4) rights-of-way;
157          (5) outdoor recreation;
158          (6) timber production; and
159          (7) wilderness conservation.
160          Section 5. Section 63L-8-104 is enacted to read:
161          63L-8-104. Declaration of policy.
162          (1) The Legislature declares that it is the policy of the state that:
163          (a) public land be retained in state ownership consistent with the provisions of this
164     chapter;
165          (b) public land may not be sold, except:
166          (i) as consistent with this chapter;
167          (ii) as consistent with local land use plans;
168          (iii) with the approval of the director and the board;
169          (iv) after sufficient opportunity for public comment; and
170          (v) for an important public interest;
171          (c) goals and objectives be established by law as guidelines for public land use
172     planning, and that management be on the basis of multiple use and sustained yield, unless
173     otherwise provided by statute; and
174          (d) the public land be managed in a manner that will:
175          (i) recognize the state's need for domestic sources of minerals, food, timber, and fiber;
176          (ii) protect the quality of scientific, scenic, historical, ecological, environmental, air
177     and atmospheric, water resource, and archeological values;
178          (iii) where appropriate, preserve and protect certain public land in its natural condition;
179          (iv) provide food and habitat for fish, wildlife, and domestic animals; and
180          (v) provide for outdoor recreation, human occupancy, and other human use.

181          (2) All rules made to effectuate the purposes of this chapter shall be made in
182     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
183          Section 6. Section 63L-8-105 is enacted to read:
184          63L-8-105. Interdepartmental cooperation.
185          (1) The director, subject to periodic review of the Legislature, may establish programs
186     to conduct projects, planning, permitting, leasing, contracting and other activities on public
187     land.
188          (2) (a) The director shall provide management policies and programs for all uses of
189     public land, including the principal or major uses described in Section 63L-8-103.
190          (b) The director shall consult with the commissioner, who may make recommendations
191     to the director on rangeland management issues on public land, including:
192          (i) determining the number of domestic animals that may be sustained on a tract of land
193     while maintaining that land for wildlife and fish use and future grazing use; and
194          (ii) issuing grazing permits.
195          (c) The director shall consult with other state agencies having management
196     responsibility over natural resources that may be impacted by management decisions and
197     actions on public land.
198          Section 7. Section 63L-8-201 is enacted to read:
Part 2. Identification and Land Use Planning

200          63L-8-201. Title.
201          This part is known as "Identification and Land Use Planning."
202          Section 8. Section 63L-8-202 is enacted to read:
203          63L-8-202. Land use planning.
204          (1) The director, in consultation with the board, the commissioner, and other state
205     agencies with management authority over other state owned land and resources affected by
206     land use planning shall, with public involvement, develop, maintain, and revise land use plans
207     that address the use and conservation of public land in the state.
208          (2) In the development and revision of land use plans, the director shall:
209          (a) use and observe the principles of multiple use and sustained yield;
210          (b) develop rules describing the degree of planning necessary for each category of
211     activity upon, or conservation of, public land;

212          (c) provide for compliance with applicable pollution control laws;
213          (d) make determinations concerning the management, protection, and conservation of
214     plant species officially designated as endangered or threatened under the federal Endangered
215     Species Act of 1973, as amended, on public land; and
216          (e) to the extent consistent with the laws governing the administration of the public
217     land:
218          (i) coordinate the land use inventory, planning, and management activities for public
219     land with the land use planning and management programs of the county government within
220     which the public land is located; and
221          (ii) involve the public and local county officials in the development of land use
222     programs, land use rules, and land use decisions for public land, including early public notice
223     of proposed decisions, programs, or regulations that may have a significant impact on
224     non-public land.
225          (3) The director shall, to the maximum extent possible and consistent with this chapter,
226     implement land use plans that provide for consistent results with local land use plans.
227          (4) (a) Management decisions shall remain subject to reconsideration, modification,
228     and termination through revision by the director, subject to contractual rights granted by any
229     land use authorization issued by the division.
230          (b) The director shall report to the speaker of the House of Representatives and the
231     president of the Senate on a management program or policy decision that eliminates, for two or
232     more years, one or more of the principal or major uses of a tract of public land of 1,000 acres or
233     more.
234          (5) The director shall:
235          (a) allow an opportunity for public involvement; and
236          (b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative
237     Rulemaking Act, to give governments and the public adequate notice and opportunity to
238     comment upon and participate in the formulation of plans, programs, and policies relating to
239     the management of the public land.
240          Section 9. Section 63L-8-203 is enacted to read:
241          63L-8-203. Honoring pre-existing claims and rights.
242          (1) Upon receiving title to a tract of federal public land, the state shall honor all

243     pre-existing rights that run appurtenant to that tract of federal public land.
244          (2) The state shall develop an adjudicative process to deal with competing claims to
245     rights that run appurtenant to a tract of federal public land.
246          Section 10. Section 63L-8-301 is enacted to read:
Part 3. Administration of the Utah Public Land Management Act

248          63L-8-301. Title.
249          This part is known as "Administration of the Utah Public Land Management Act."
250          Section 11. Section 63L-8-302 is enacted to read:
251          63L-8-302. Division of Land Management.
252          Except as otherwise provided by law, the Division of Land Management, created in
253     Section 79-6-102, shall provide necessary staff support for the implementation of this chapter.
254          Section 12. Section 63L-8-303 is enacted to read:
255          63L-8-303. Management of use, occupancy, and development of public land.
256          (1) As used in this section, "casual" means activity that:
257          (a) occurs irregularly; and
258          (b) is non-commercial.
259          (2) (a) Except as provided in Subsection (2)(b), the director shall manage the public
260     land under principles of multiple use and sustained yield, in accordance with land use plans
261     developed by the DLM.
262          (b) Where a tract of public land has been dedicated to a specific use according to a
263     provision of law, legal encumbrance, or contractual obligation, it shall be managed in
264     accordance with those provisions.
265          (3) (a) The director shall, subject to Subsection (3)(b) and other applicable law,
266     authorize use of the public land through land use authorizations.
267          (b) The director may permit state departments, agencies, and local governments to use,
268     occupy, and develop public land through rights-of-way or other cooperative agreements.
269          (c) The director may authorize use of the land through specific programs, such as:
270          (i) the collection of firewood, nuts, or the casual gathering of other organic products;
271          (ii) camping or other casual use;
272          (iii) rockhounding, building stone, or the gathering of other rock products; or
273          (iv) other casual uses.

274          (d) The programs described in Subsection (3)(c) may require the issuance of a permit
275     and collection of a reasonable fee, if necessary.
276          (e) Nothing in this chapter shall be construed as:
277          (i) authorizing the director to:
278          (A) require permits to hunt and fish on public land and adjacent water beyond those
279     approved by the Wildlife Board pursuant to Title 23, Wildlife Resources Code of Utah; or
280          (B) to close public land or areas of public land to hunting, fishing, or trapping, except
281     as provided in Subsection (3)(f); or
282          (ii) enlarging or diminishing the responsibility and authority of the Wildlife Board or
283     Division of Wildlife Resources for management of fish and resident wildlife on public land
284     pursuant to Title 23, Wildlife Resources Code of Utah.
285          (f) The director may designate areas of public land where, and establish periods when,
286     no hunting will be permitted on public land for reasons of public safety, administration, or
287     compliance with provisions of applicable law.
288          (4) Subject to Subsection (5), the director shall insert in any land use authorization
289     providing for the use, occupancy, or development of the public land, a provision authorizing
290     revocation or suspension, after notice and hearing, of the authorization upon a final
291     administrative finding of a violation of any term or condition of the authorization.
292          (5) (a) The director may immediately revoke or suspend a land use authorization if,
293     after notice and administrative hearing, there is an administrative finding that the holder
294     violated a term or condition of the authorization.
295          (b) If a holder of an authorization rectifies the violation that formed the basis of the
296     director's suspension under Subsection (5)(a), the director may terminate the suspension.
297          (6) The director may order an immediate temporary suspension before a hearing or
298     final administrative finding if the director determines that a suspension is necessary to protect:
299          (a) health or safety; or
300          (b) the environment.
301          (7) Use of public land pursuant to a general authorization under this section shall be
302     limited to areas where the use is consistent with the applicable land use plans prepared
303     pursuant to Section 63L-8-202.
304          (8) A general authorization for the use of public land shall be subject to:

305          (a) a requirement that the using party shall be responsible for any necessary cleanup
306     and decontamination of the land used; and
307          (b) terms and conditions, including restrictions on use of off-road or all-terrain
308     vehicles, as the director deems appropriate.
309          (9) A general authorization issued pursuant to this section:
310          (a) may not be for a term exceeding five years; and
311          (b) shall be revoked in whole or in part, as the director finds necessary, upon a
312     determination by the director that:
313          (i) there has been a failure to comply with its terms and conditions; or
314          (ii) activities permitted by the authorization have had, or might have, a significant
315     adverse impact on the resources or values of the affected lands.
316          (10) Each specific use of a particular area of public land pursuant to a general
317     authorization under this section is subject to:
318          (a) specific authorization by the director; and
319          (b) appropriate terms and conditions, as described in this section.
320          (11) An authorization under this section may not authorize the construction of
321     permanent structures or facilities on the public land.
322          (12) No one may use or occupy public land without appropriate authorization.
323          Section 13. Section 63L-8-304 is enacted to read:
324          63L-8-304. Enforcement authority.
325          (1) The director shall issue rules as necessary to implement the provisions of this
326     chapter with respect to the management, use, and protection of the public land and property
327     located on the public land.
328          (2) At the request of the director, the attorney general may institute a civil action in a
329     district court for an injunction or other appropriate remedy to prevent any person from utilizing
330     public land in violation of this chapter or rules issued by the director under this chapter.
331          (3) The use, occupancy, or development of any portion of the public land contrary to
332     any rule issued by the DLM in accordance with this chapter, and without proper authorization,
333     is unlawful and prohibited.
334          (4) (a) Except as provided in Subsections (4)(b) and (c), the local county sheriff is the
335     primary law enforcement authority with jurisdiction on public land to enforce this chapter and

336     rules issued by the director pursuant to Subsection (1).
337          (b) The director may employ and utilize within the DLM certified peace officers that, if
338     and when deployed, will be the primary law enforcement authority with jurisdiction on public
339     land to enforce this chapter and rules issued pursuant to Subsection (1).
340          (c) Conservation officers employed by the Division of Wildlife Resources are the
341     primary law enforcement authority with jurisdiction on public land to enforce the laws and
342     regulations under Title 23, Wildlife Resources Code of Utah, for the sake of protected wildlife.
343          (d) Nothing herein shall be construed as enlarging or diminishing the responsibility or
344     authority of a state certified peace officer in performing the officer's duties on public land.
345          Section 14. Section 63L-8-305 is enacted to read:
346          63L-8-305. Fees, charges, and commissions.
347          (1) The director may establish reasonable filing and service fees with respect to
348     applications and other documents relating to the public land, in accordance with Section
349     63J-1-504.
350          (2) The director is authorized to require a deposit of any payments intended to
351     reimburse the state for reasonable costs with respect to applications and other documents
352     relating to such land.
353          (3) The money received under this subsection shall be:
354          (a) deposited in the Public Land Management Fund created in Section 63L-8-308; and
355          (b) authorized to be appropriated and made available until expended.
356          (4) (a) As used in this section "reasonable costs" include:
357          (i) the costs of special studies;
358          (ii) environmental reviews;
359          (iii) monitoring construction, operation, maintenance, and termination of any
360     authorized facility; or
361          (iv) other special activities.
362          (b) In determining whether costs are reasonable, the director may take into
363     consideration:
364          (i) actual costs, exclusive of management overhead;
365          (ii) the monetary value of the rights or privileges sought by the applicant;
366          (iii) the efficiency of the government processing involved;

367          (iv) that portion of the cost incurred for the benefit of the general public interest rather
368     than for the exclusive benefit of the applicant;
369          (v) the public service provided; and
370          (vi) other factors relevant to determining the reasonableness of the costs.
371          Section 15. Section 63L-8-306 is enacted to read:
372          63L-8-306. Availability of excess fees.
373          All fees authorized by this chapter, excluding mining claim fees, not otherwise
374     dedicated by law for a specific distribution shall:
375          (1) be deposited in the Public Land Management Fund created in Section 63L-8-308;
376     and
377          (2) remain available until expended.
378          Section 16. Section 63L-8-307 is enacted to read:
379          63L-8-307. Public Land Protection Fund -- Forfeitures and deposits.
380          (1) There is created an expendable special revenue fund known as the "Public Land
381     Protection Fund."
382          (2) The fund shall consist of:
383          (a) money appropriated by the Legislature;
384          (b) money received by the state as a result of:
385          (i) the forfeiture of a bond or other security by a resource developer or purchaser or
386     permittee who does not fulfill the requirements of a contract or permit or does not comply with
387     rules issued under this chapter; or
388          (ii) a compromise or settlement of any claim involving present or potential damage to
389     the public land;
390          (c) money voluntarily donated or contributed to the fund; and
391          (d) interest earned on money in the fund.
392          (3) The DLM may expend money in the fund to cover the cost of any improvement,
393     protection, or rehabilitation work on public land, which is rendered necessary by the action that
394     led to a forfeiture, compromise, or settlement.
395          (4) If the director finds that any portion of a deposit or amount forfeited under this
396     chapter is in excess of the cost of doing the work authorized under this chapter, the director
397     may issue a refund of the amount in excess to be made from applicable funds.

398          Section 17. Section 63L-8-308 is enacted to read:
399          63L-8-308. Public Land Management Fund.
400          (1) There is created an expendable special revenue fund known as the "Public Land
401     Management Fund."
402          (2) The fund shall consist of:
403          (a) fees collected by the DLM under this chapter;
404          (b) money appropriated to the Ŝ→ [
restricted account] fund ←Ŝ by the Legislature;
405          (c) money collected under Section 63L-8-505;
406          (d) money voluntarily donated or contributed to the fund; and
407          (e) interest earned on the Ŝ→ [
restricted account] fund ←Ŝ .
408          (3) The DLM may expend money in the fund on:
409          (a) administration costs;
410          (b) project planning;
411          (c) a payment authorized by this chapter; and
412          (d) other duties required under this chapter.
412a     Ŝ→      (4) The DLM shall annually expend money in the fund to pay a county in lieu of taxes
412b     the county cannot levy on public land owned by the state:
412c          (a) in an amount no less than the highest amount ever fully authorized by Congress for
412d     payment to the county under the federal Payments in Lieu of Taxes and Secure Rural Schools
412e     programs, according to the most recent federal formulas before the effective date of this
412f     chapter, as described in Section 63L-8-602; and
412g          (b) as funding allows. ←Ŝ
413          Section 18. Section 63L-8-309 is enacted to read:
414          63L-8-309. Timber Fund.
415          (1) There is created an expendable special revenue fund known as the "Timber Fund."
416          (2) The fund described in Subsection (1) shall consist of:
417          (a) money received from the disposal of timber prepared for sale from public lands;
418          (b) money voluntarily donated or contributed to the fund; and
419          (c) interest earned on the fund.
420          (3) The DLM may expend money in the fund for the purposes of:
421          (a) planning and preparing timber for disposal;
422          (b) the administration of timber sales;
423          (c) site preparation and reforestation;
424          (d) wildfire suppression and rehabilitation on forested public land; and
425          (e) overhead and direct costs associated with timber management.
426          Section 19. Section 63L-8-310 is enacted to read:
427          63L-8-310. Grazing Land Fund.
428          (1) There is created an expendable special revenue fund known as the "Grazing Land

429     Fund."
430          (2) The fund shall consist of:
431          (a) money received from grazing fees, as described in Section 63L-8-402;
432          (b) money voluntarily donated or contributed to the fund; and
433          (c) interest earned on the fund.
434          (3) The DLM may expend money in the fund for:
435          (a) on-the-ground range rehabilitation, protection, and improvements on public land
436     that is grazed;
437          (b) seeding and reseeding;
438          (c) fence construction;
439          (d) weed control;
440          (e) water development;
441          (f) fish and wildlife habitat enhancement;
442          (g) wildfire suppression; and
443          (h) overhead and direct costs associated with rangeland and grazing management.
444          Section 20. Section 63L-8-311 is enacted to read:
445          63L-8-311. Implementation provisions.
446          (1) (a) The director may conduct investigations, studies, and experiments involving the
447     management, protection, development, acquisition, and transfer of public land.
448          (b) The director may work with other departments, agencies, or political subdivisions
449     in conducting an investigation, study, or experiment, as described in Subsection (1)(a).
450          (c) (i) Where an investigation, study, or experiment described in Subsection (1)(a)
451     finds that the transfer of a tract of public land in excess of 200 acres would promote economic
452     land management or serve an important public interest, including the expansion of
453     communities and economic development, the director shall recommend the transfer to the
454     Natural Resources, Agriculture, and Environment Interim Committee and include the basis for
455     the recommendation.
456          (ii) No transfer of a tract of public land in excess of 200 acres may be authorized until
457     approved by the Legislature and the governor.
458          (2) The director may enter into contracts and cooperative agreements involving the
459     management, protection, and development of public land.

460          (3) (a) The director may accept voluntary contributions or donations of money,
461     services, and real or personal property for:
462          (i) the management, protection, and development of public land, including the
463     acquisition of rights-of-way;
464          (ii) any purpose described in Sections 63L-8-307, 63L-8-308, 63L-8-309, and
465     63L-8-310; or
466          (iii) cadastral surveying performed on public land and intermingled land.
467          (b) The director shall deposit any money donated or contributed under this section in
468     the account designated by the donor or, if not specified, in the Public Land Management Fund
469     created in Section 63L-8-308.
470          Section 21. Section 63L-8-312 is enacted to read:
471          63L-8-312. Annual reports.
472          (1) The director shall:
473          (a) prepare a report on the public land in accordance with Subsection (2); and
474          (b) submit the report to the Natural Resources, Agriculture, and Environment Interim
475     Committee no later than October 31 annually.
476          (2) A list of programs and specific information to be included in the report described in
477     Subsection (1) shall be developed by the Natural Resources, Agriculture, and Environment
478     Interim Committee before the end of each fiscal year.
479          Section 22. Section 63L-8-401 is enacted to read:
Part 4. Range Management

481          63L-8-401. Title.
482          This part is known as "Range Management."
483          Section 23. Section 63L-8-402 is enacted to read:
484          63L-8-402. Grazing fees -- Feasibility study -- Contents -- Submission of report --
485     Annual distribution and use of range betterment funds -- Nature of distributions.
486          (1) The Legislature finds that, as of 2016, a substantial amount of the rangelands on the
487     public land is deteriorating in quality due to federal mismanagement, and that installation of
488     additional range improvements could arrest much of the continuing deterioration and lead to
489     substantial betterment of forage conditions with resulting benefits to wildlife, watershed
490     protection, and livestock production.

491          (2) The director, in consultation with the commissioner, shall:
492          (a) conduct a study to determine necessary range improvements on public land; and
493          (b) establish a fee, in accordance with Section 63J-1-504, to be charged for domestic
494     livestock grazing on public land that is equitable to the:
495          (i) state and the state's citizens; and
496          (ii) holders of grazing permits and leases on rangeland.
497          (3) The director shall report the result of the study described in Subsection (2)(a) to the
498     Natural Resources, Agriculture, and Environment Interim Committee, together with
499     recommendations to implement a reasonable grazing fee schedule.
500          (4) (a) Fifty percent of all money received by the state as fees for grazing domestic
501     livestock on public land shall be deposited into the Grazing Land Fund created in Section
502     63L-8-310.
503          (b) Fifty percent of money received by the state as fees for grazing domestic livestock
504     on the public land shall be deposited into the Public Land Management Fund created in Section
505     63L-8-308.
506          Section 24. Section 63L-8-403 is enacted to read:
507          63L-8-403. Grazing permits and leases.
508          (1) (a) Except as provided in Subsection (2), permits and leases for domestic livestock
509     grazing on public land issued by the director may not exceed a term of five years, subject to
510     terms and conditions the director determines to be appropriate and consistent with this chapter.
511          (b) The director shall have authority to cancel, suspend, or modify a grazing permit or
512     lease, in whole or in part:
513          (i) pursuant to the terms and conditions of the permit or lease;
514          (ii) for any violation of:
515          (A) this chapter or a grazing rule implemented under this chapter; or
516          (B) any term or condition of the grazing permit or lease; or
517          (iii) to protect rangeland health from overutilization pursuant to Subsection (7).
518          (2) The holder of an expiring permit or lease shall be given first priority for receipt of
519     the new permit or lease, provided:
520          (a) the land for which the permit or lease is issued remains available for domestic
521     livestock grazing in accordance with a land use plan prepared pursuant to Section 63L-8-202;

522          (b) the permittee or lessee is in compliance with:
523          (i) the provisions of this chapter and the grazing rules issued by the DLM, in
524     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
525          (ii) the terms and conditions in the permit or lease specified by the director;
526          (c) the permittee or lessee accepts the terms and conditions included by the director in
527     the new permit or lease; and
528          (d) range conditions on the tract of public land are sufficient to support continued
529     livestock grazing, as determined by the director pursuant to Subsection (7).
530          (3) All permits and leases for domestic livestock grazing issued under this part may be
531     incorporated in an allotment management plan developed by the director.
532          (4) (a) If the director elects to develop an allotment management plan for a given area,
533     the director shall do so in consultation, cooperation, and coordination with:
534          (i) the lessees, permittees, and landowners involved;
535          (ii) the commissioner;
536          (iii) the State Grazing Advisory Board established under Section 4-20-1.5; and
537          (iv) the political subdivision having land within the area covered by the proposed
538     allotment management plan.
539          (b) An allotment management plan shall be:
540          (i) tailored to the specific range condition of the area covered by the plan; and
541          (ii) reviewed on a periodic basis to determine:
542          (A) the efficacy of the plan in improving range conditions on the involved land; and
543          (B) whether the land can be better managed.
544          (5) The director may revise or terminate plans, or develop new plans, after review and
545     consideration, consultation, cooperation, and coordination with the parties listed in Subsection
546     (4)(a).
547          (6) (a) In all cases where the director has not completed an allotment management plan
548     or determines that an allotment management plan is not necessary for management of livestock
549     operations, the director shall incorporate in grazing permits and leases all necessary terms and
550     conditions for the appropriate management of the permitted or leased land.
551          (b) The director, in consultation with the commissioner:
552          (i) shall specify the number of animals to be grazed and the seasons of use; and

553          (ii) may reexamine the condition of the range and forage utilization at any time.
554          (7) If the director finds that the condition of the range requires adjustment in the
555     amount or other aspect of grazing use, the permittee or lessee shall adjust the permittee or
556     lessee's use to the extent required by the director.
557          (8) An allotment management plan may not refer to livestock operations or range
558     improvements on non-public land, except where the non-public land is intermingled with
559     public land and the consent of the owner of the non-public land and the permittee or lessee
560     involved with the plan is obtained.
561          (9) (a) Whenever a permit or lease for grazing domestic livestock on public land is
562     canceled, in whole or in part, in order to devote the land covered by the permit or lease to
563     another public purpose, the permittee or lessee shall receive from the state reasonable
564     compensation for the adjusted value, to be determined by the director, of the permittee or
565     lessee's interest in authorized permanent improvements placed or constructed by the permittee
566     or lessee on lands covered by such permit or lease.
567          (b) The compensation described in Subsection (9)(a) may not exceed the fair market
568     value of the terminated portion of the permittee's or lessee's interest.
569          (10) Except in cases of emergency, no permit or lease shall be canceled under this
570     subsection without one year's notification.
571          Section 25. Section 63L-8-501 is enacted to read:
Part 5. Rights-of-Way Authorization

573          63L-8-501. Title.
574          This part is known as "Rights-of-Way Authorization."
575          Section 26. Section 63L-8-502 is enacted to read:
576          63L-8-502. Rights-of-way for roads or facilities.
577          (1) If the state receives title to public land from the federal government, the director
578     shall, subject to Subsection (2), honor all:
579          (a) pre-existing rights-of-way granted to individuals, corporations, or political
580     subdivisions, subject to Subsection (2); and
581          (b) rights-of-way asserted in quiet title lawsuits filed by the state or a county in federal
582     court prior to taking ownership of the subject property.
583          (2) If the director determines it is in the best interest of the state, the director may

584     modify the fees, if any, charged to the holder of a right-of-way.
585          Section 27. Section 63L-8-503 is enacted to read:
586          63L-8-503. Grant, issue, or renewal of land use authorizations on public lands.
587          (1) The director is authorized to grant, issue, or renew land use authorizations over,
588     upon, under, or through public land for:
589          (a) a reservoir, canal, ditch, flume, lateral, pipe, pipeline, tunnel, or other facility or
590     system for the impoundment, storage, transportation, or distribution of water;
591          (b) a pipeline or other system for the transportation or distribution of:
592          (i) liquid and gas other than water;
593          (ii) natural gas, synthetic liquid, or gaseous fuels; or
594          (iii) a refined product produced from natural gas, synthetic liquid, or gaseous fuels;
595          (c) a storage or terminal facility in connection with the pipeline and other system
596     described in Subsection (1)(b);
597          (d) a pipeline, slurry and emulsion system, conveyor belt for transportation and
598     distribution of solid materials, or facility for the storage of solid materials in connection with a
599     pipeline, slurry and emulsion system, or conveyor belt;
600          (e) a system for generation, transmission, and distribution of electric energy, if the
601     applicant is in compliance with relevant state and federal requirements;
602          (f) a system for transmission or reception of radio, television, telephone, telegraph,
603     Internet, or other electronic signal used in communication;
604          (g) a road, trail, highway, railroad, canal, tunnel, tramway, airway, livestock driveway,
605     or other means of transportation, except where facilities are constructed and maintained in
606     connection with commercial recreation facilities on lands in the state park system; or
607          (h) other necessary transportation systems or facilities that are in the public interest and
608     that require rights-of-way over, upon, under, or through public land.
609          (2) The director shall require, before granting, issuing, or renewing a right-of-way, that
610     the applicant submit and disclose plans, contracts, agreements, or other information reasonably
611     related to the use, or intended use, of the right-of-way, that the director considers necessary for
612     a determination on:
613          (a) whether a right-of-way shall be granted, issued, or renewed; and
614          (b) the terms and conditions that should be included in the right-of-way.

615          (3) After the state receives title to public land, any alteration to the substantive terms of
616     a right-of-way, lease, or other authorization granted before the transfer of the land shall require
617     issuance of a new authorization.
618          (4) (a) Except as otherwise provided in this part, the director may, in accordance with
619     Section 63L-8-509, terminate or suspend a right-of-way, easement, or authorization issued
620     under this section, except for the road rights-of-way granted pursuant to Subsection (1)(b).
621          (b) An easement issued under this section maybe terminated by the DLM without cause
622     if the water system for which the easement was issued is used for any purpose other than
623     agricultural irrigation, livestock watering, industrial use, or private or public culinary use.
624          (5) For purposes of this chapter, non-use for a continuous five-year period of a water
625     system developed for agricultural irrigation, livestock watering, or private or public culinary
626     purposes shall constitute a rebuttable presumption of abandonment of the easement and the
627     facilities comprising the water system.
628          (6) Except as provided in Title 73, Water and Irrigation, nothing in this part shall
629     confer on the director or other state official any power or authority to regulate or control the
630     appropriation, diversion, or use of water for any purpose, or to require the conveyance or
631     transfer to the state of any right or claim to the appropriation, diversion, or use of water.
632          (7) If a right-of-way issued under this section deteriorates to the point of threatening a
633     person or property, and the holder of the right-of-way, after consultation with the director,
634     refuses to perform the repair and maintenance necessary to remove the threat, the director may:
635          (a) (i) undertake such repair and maintenance on the right-of-way; and
636          (ii) assess the holder for the costs of the repair and maintenance; or
637          (b) suspend or terminate the right-of-way pursuant to Section 63L-8-509.
638          Section 28. Section 63L-8-504 is enacted to read:
639          63L-8-504. Roads.
640          (1) The director, with respect to public land, is authorized to provide for the
641     authorization, construction, and maintenance of new and necessary roads within the public land
642     that will permit utilization of the natural resources on such land, including the seven principal
643     or major uses described in Section 63L-8-103.
644          (2) The roads described in Subsection (1) shall be constructed to standards sufficient to
645     provide for the safety of the authorized users of the road, and to protect the environment to the

646     best available management standards applicable.
647          (3) Financing of the roads described in Subsection (1) may be accomplished by:
648          (a) the director utilizing appropriated funds;
649          (b) requirements on authorized users of the natural resources and other products from
650     the public land, including provisions for amortization of road costs in contracts;
651          (c) cooperative financing with other public agencies and with private agencies or
652     persons; or
653          (d) a combination of these methods, provided that:
654          (i) where roads of a higher standard than that needed for harvesting or removing
655     natural resources and other products from public land covered by a particular sale are to be
656     constructed, the authorized user may not be required to bear that part of the costs necessary to
657     meet such higher standard; or
658          (ii) when natural resource products are offered with the condition that the purchaser
659     build a road or roads in accordance with standards specified in the offer, the authorized user is
660     responsible for paying the full costs of road construction.
661          Section 29. Section 63L-8-505 is enacted to read:
662          63L-8-505. Maintenance of facilities.
663          (1) (a) The director may require a user of a road, trail, land, or other facility
664     administered by the DLM, or authorized by a DLM issued land use authorization, to:
665          (i) maintain facilities in a satisfactory condition commensurate with the particular use
666     requirements of each; or
667          (ii) reconstruct the facility when the reconstruction is determined necessary to
668     accommodate use.
669          (b) If maintenance or reconstruction cannot be provided, or if the director determines
670     that maintenance or reconstruction by a user would not be practical, the director may require
671     that sufficient funds be deposited by the user to provide the user's portion of the total
672     maintenance or reconstruction.
673          (2) Whenever the director obtains money for use on, or in connection with, a new or
674     existing road or the right to use such roads, the money shall be placed in the Public Land
675     Management Fund created in Section 63L-8-308.
676          Section 30. Section 63L-8-506 is enacted to read:

677          63L-8-506. Right-of-way corridors -- Criteria and procedures applicable for
678     designation.
679          (1) Utilization of a right-of-way in common is suggested to the extent practical in order
680     to minimize adverse environmental impacts and the proliferation of separate rights-of-way.
681          (2) In designating a right-of-way corridor, the director shall take into consideration:
682          (a) national, state, and local land use policies;
683          (b) environmental quality;
684          (c) economic efficiency;
685          (d) national security;
686          (e) safety;
687          (f) good engineering and technological practices; and
688          (g) wildlife and wildlife habitat impacts.
689          (3) The director shall issue rules in accordance with Title 63G, Chapter 3, Utah
690     Administrative Rulemaking Act, containing the criteria and procedures the DLM shall use in
691     designating such a corridor.
692          (4) An existing transportation or utility corridor may be designated as a transportation
693     or utility corridor without further review.
694          Section 31. Section 63L-8-507 is enacted to read:
695          63L-8-507. General requirements.
696          (1) (a) Each land use authorization granted, issued, or renewed shall be limited to a
697     reasonable term in light of all circumstances concerning the project, not exceeding 5 years.
698          (b) In determining the duration of a land use authorization, the director shall:
699          (i) take into consideration the cost of the facility, the facility's useful life, and any
700     public purpose the facility serves; and
701          (ii) specify whether the land use authorization is or is not renewable and the terms and
702     conditions applicable to the renewal.
703          (2) A land use authorization shall be granted, issued, or renewed:
704          (a) pursuant to this chapter;
705          (b) consistent with rules issued by the DLM in accordance with Title 63G, Chapter 3,
706     Utah Administrative Rulemaking Act; and
707          (c) subject to such terms and conditions as the director prescribes regarding extent,

708     duration, survey, location, construction, maintenance, transfer or assignment, and termination.
709          (3) Before granting or issuing a land use authorization pursuant to this part for a new
710     project that may have a significant impact on the environment, the director shall require the
711     applicant to submit a plan of construction, operation, mitigation, and rehabilitation for the land
712     use authorization.
713          (4) The director shall issue rules, in accordance with Title 63G, Chapter 3, Utah
714     Administrative Rulemaking Act, with respect to the terms and conditions that will be included
715     in a land use authorization.
716          (5) The director shall provide for cost-sharing agreements for the construction and
717     maintenance of land use authorization facilities, pursuant to rules for such arrangements issued
718     by the DLM.
719          (6) Money received for reimbursement of reasonable costs shall be:
720          (a) deposited into the Public Land Management Fund created in Section 63L-8-308;
721     and
722          (b) authorized to be appropriated and made available until expended.
723          (7) (a) The director shall promulgate rules, in accordance with Title 63G, Chapter 3,
724     Utah Administrative Rulemaking Act, specifying the extent to which a holder of a right-of-way
725     may be liable to the state for damage or injury incurred by the state caused by the use and
726     occupancy of the land use authorization.
727          (b) The rules described in Subsection (7)(a) shall also specify the extent to which a
728     holder of a right-of-way shall indemnify or hold harmless the state for liabilities, damages, or
729     claims caused by the use and occupancy of the right-of-way.
730          (8) The director may require a holder of a land use authorization to furnish a bond or
731     other security to secure all or any of the obligations imposed by the terms and conditions of the
732     right-of-way.
733          (9) The director may grant, issue, or renew a land use authorization under this part if
734     the director is satisfied that the applicant has the technical and financial capability to construct
735     the project for which the right-of-way is requested.
736          Section 32. Section 63L-8-508 is enacted to read:
737          63L-8-508. Terms and conditions.
738          Each land use authorization shall contain terms and conditions that:

739          (1) carry out the purposes of this chapter and rules issued under this chapter in
740     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
741          (2) minimize damage to scenic and esthetic values, fish and wildlife habitat, and
742     otherwise protect the environment;
743          (3) require compliance with applicable air and water quality standards established by
744     applicable federal or state law;
745          (4) require compliance with state standards for public health and safety, environmental
746     protection, siting, construction, operation, and maintenance of or for rights-of-way for similar
747     purposes if those standards are more stringent than applicable federal standards; and
748          (5) are necessary to:
749          (a) protect state property and economic interests;
750          (b) efficiently manage the land that is subject to the land use authorization; and
751          (c) protect the other lawful users of the lands adjacent to or traversed by the land that is
752     subject to the land use authorization.
753          Section 33. Section 63L-8-509 is enacted to read:
754          63L-8-509. Suspension or termination -- Grounds -- Procedures applicable.
755          (1) The following are grounds for suspension or termination of a land use
756     authorization:
757          (a) abandonment; or
758          (b) noncompliance with:
759          (i) a provision of this chapter;
760          (ii) an applicable rule established by the DLM in accordance with Title 63G, Chapter 3,
761     Utah Administrative Rulemaking Act; or
762          (iii) a term or condition of the land use authorization.
763          (2) The director may terminate or suspend a land use authorization by providing notice
764     to the land use authorization holder and, if required, an administrative proceeding, upon finding
765     that:
766          (a) a condition described in Subsection (1) has been met; and
767          (b) the suspension or termination serves the best interest of:
768          (i) the citizens of the state; or
769          (ii) a land use plan established pursuant to Section 63L-8-202.

770          (3) The administrative proceeding described in Subsection (2):
771          (a) shall be conducted according to rules established by the DLM, in accordance with
772     Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
773          (b) shall comply with Title 63G, Chapter 4, Administrative Procedures Act; and
774          (c) is not required if the land use authorization, by its terms, terminates on the
775     occurrence of a fixed or agreed-upon condition, event, or time.
776          (4) If the director determines that an immediate temporary suspension of activities
777     within a land use authorization for violation of its terms and conditions is necessary to protect
778     public health or safety or the environment, the director may abate the activities before an
779     administrative proceeding.
780          (5) Before commencing a proceeding to suspend or terminate a land use authorization,
781     the director shall give written notice to the holder of the grounds for suspension or termination.
782          (6) (a) Except as provided in Subsection (6)(b), failure of the land use authorization
783     holder to use the right-of-way for the purpose for which it was granted, issued, or renewed, for
784     any continuous five-year period, shall constitute a rebuttable presumption of abandonment of
785     the right-of-way.
786          (b) Where the failure of the holder to use the land use authorization for the purpose for
787     which it was granted, issued, or renewed for any continuous five-year period is due to
788     circumstances beyond the holder's control, the director is not required to commence
789     proceedings to suspend or terminate the right-of-way.
790          Section 34. Section 63L-8-510 is enacted to read:
791          63L-8-510. Rights-of-way for state departments and agencies.
792          The director may issue a land use authorization upon or under public land to a
793     department or agency of the state, subject to such terms and conditions as the director imposes.
794          Section 35. Section 63L-8-511 is enacted to read:
795          63L-8-511. Applicability.
796          (1) No land use authorization shall be granted, issued, or renewed over, upon, under, or
797     through public land, except as described in this part.
798          (2) Nothing in this part shall be construed to preclude the use of public land covered by
799     this section for a highway purpose.
800          Section 36. Section 63L-8-601 is enacted to read:

Part 6. Contingent Effective Date

802          63L-8-601. Title.
803          This part is known as "Contingent Effective Date."
804          Section 37. Section 63L-8-602 is enacted to read:
805          63L-8-602. Effective date.
806          This chapter becomes effective upon the day the state receives title to at least 100,000
807     acres of public land from the federal government pursuant to Section 63L-6-103.
808          Section 38. Section 79-2-201 is amended to read:
809          79-2-201. Department of Natural Resources created.
810          (1) There is created the Department of Natural Resources.
811          (2) The department comprises the following:
812          (a) Board of Water Resources, created in Section 73-10-1.5;
813          (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
814          (c) Board of Parks and Recreation, created in Section 79-4-301;
815          (d) Wildlife Board, created in Section 23-14-2;
816          (e) Board of the Utah Geological Survey, created in Section 79-3-301;
817          (f) Water Development Coordinating Council, created in Section 73-10c-3;
818          (g) Division of Water Rights, created in Section 73-2-1.1;
819          (h) Division of Water Resources, created in Section 73-10-18;
820          (i) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
821          (j) Division of Oil, Gas, and Mining, created in Section 40-6-15;
822          (k) Division of Parks and Recreation, created in Section 79-4-201;
823          (l) Division of Wildlife Resources, created in Section 23-14-1;
824          (m) Division of Land Management, created in Section 79-6-102;
825          [(m)] (n) Utah Geological Survey, created in Section 79-3-201;
826          [(n)] (o) Heritage Trees Advisory Committee, created in Section 65A-8-306;
827          [(o)] (p) Recreational Trails Advisory Council, authorized by Section 79-5-201;
828          [(p)] (q) Boating Advisory Council, authorized by Section 73-18-3.5;
829          [(q)] (r) Wildlife Board Nominating Committee, created in Section 23-14-2.5; and
830          [(r)] (s) Wildlife Regional Advisory Councils, created in Section 23-14-2.6.
831          Section 39. Section 79-6-101 is enacted to read:


833          79-6-101. Title.
834          This chapter is known as the "Division of Land Management."
835          Section 40. Section 79-6-102 is enacted to read:
836          79-6-102. Creation of the Division of Land Management.
837          (1) There is created a Division of Land Management within the Department of Natural
838     Resources, created in Section 79-2-201.
839          (2) The division shall be staffed:
840          (a) upon the state receiving title to at least 100,000 acres of public land from the
841     federal government pursuant to Section 63L-6-103;
842          (b) as funding is appropriated by the Legislature and allows; and
843          (c) as determined by the director of the Department of Natural Resources.
844          (3) The division may sue and be sued as required to carry out the purposes of this
845     chapter and Title 63L, Chapter 8, Utah Public Land Management Act.
846          Section 41. Section 79-6-103 is enacted to read:
847          79-6-103. Director.
848          (1) Upon the requirements described in Subsection 79-6-102(2) being fulfilled, the
849     executive director of the Department of Natural Resources shall appoint a director of the
850     Division of Land Management, and thereafter hire personnel to staff the division.
851          (2) The director shall:
852          (a) be the executive and administrative head of the Division of Land Management;
853          (b) have demonstrated ability and experience in the administration and management of
854     state or federal lands; and
855          (c) not hold any other public office or be involved in a political party or organization.
856          (3) The director of the Division of Land Management, under administrative direction
857     of the executive director, shall have:
858          (a) executive authority and control of the Division of Land Management; and
859          (b) authority over all personnel matters.
860          Section 42. Section 79-6-104 is enacted to read:
861          79-6-104. Public Land Management Advisory Board.
862          (1) There is created the Public Land Management Advisory Board.

863          (2) The board consists of the following 11 members:
864          (a) the lieutenant governor, or the lieutenant governor's designee;
865          Ŝ→ [
(b) the speaker of the House, or the speaker's designee;
866          (c) the president of the Senate, or the president's designee;
867          (d)
] (b) ←Ŝ
one representative, appointed by the governor, who represents the interests of
867a     oil,
868     gas, and mining;
869          Ŝ→ [
(e)] (c) ←Ŝ one representative, appointed by the governor, who represents the interests
869a     of
870     agriculture;
871          Ŝ→ [
(f)] (d) ←Ŝ one representative, appointed by the governor, who represents the interests
871a     of
872     outdoor recreation;
873          Ŝ→ [
(g)] (e) ←Ŝ one representative, appointed by the governor, who represents the interests
873a     of
874     environmental groups;
875          Ŝ→ [
(h)] (f)[one representative] three representatives ←Ŝ , appointed by the governor, who 875a     Ŝ→ [represents] represent ←Ŝ the interests of
876     county commissioners;
877          Ŝ→ [
(i)] (g) ←Ŝ one representative, appointed by the governor, who represents the interests
877a     of rural
878     transportation;
879          Ŝ→ [
(j)] (h) ←Ŝ one representative, appointed by the governor, who represents the interests
879a     of
880     wildlife management; and
881          Ŝ→ [
(k)] (i) ←Ŝ one representative, appointed by the governor, who represents the interests
881a     of forest
882     management.
883          (3) (a) Members shall be appointed for a term of four years.
884          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
885     time of appointment or reappointment, adjust the length of terms of the members described in
886     Subsections (2) Ŝ→ [
(d)] (b) ←Ŝ through Ŝ→ [(k)] (i) ←Ŝ to ensure that the terms of board
886a     members are staggered so that
887     half of the appointed board is appointed every two years.
888          (4) A member may serve more than one term.
889          (5) A member shall hold office until the expiration of the member's term and until the
890     member's successor is appointed, but not more than 90 days after the expiration of the
891     member's term.
892          (6) When a vacancy occurs in the membership for any reason, a replacement shall be
893     appointed for the unexpired term.

894          (7) The board shall elect annually a chair and a vice chair from the board's members.
895          (8) (a) The board shall meet at least quarterly.
896          (b) Special meetings may be called by the chair upon the chair's own initiative, upon
897     the request of the director, or upon the request of three members of the board.
898          (c) Three days' notice shall be given to each member of the board before a meeting.
899          (9) Six members constitute a quorum at a meeting, and the action of a majority of
900     members present is the action of the board.
901          (10) A member Ŝ→ [
who is not a legislator] ←Ŝ may not receive compensation or benefits
901a     for
902     the member's service, but may receive per diem and travel expenses in accordance with:
903          (a) Section 63A-3-106;
904          (b) Section 63A-3-107; and
905          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
906     63A-3-107.
907          Ŝ→ [
(11) Salaries and expenses of a member who is a legislator shall be paid in accordance
908     with Section 36-2-2 and Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
] ←Ŝ

909          Section 43. Section 79-6-105 is enacted to read:
910          79-6-105. Division of Land Management duties.
911          Under the direct supervision of the executive director and in consultation with the
912     board, the division shall manage and administer all public land, as defined in Section
913     63L-8-102, consistent with the procedures, policies, and directives in Title 63L, Chapter 8,
914     Utah Public Land Management Act.