Chief Sponsor: Patrice M. Arent

Senate Sponsor: Ralph Okerlund

6     Cosponsors:
7     Stewart Barlow
8     Melvin R. Brown
9     Rebecca Chavez-Houck
10     Scott H. Chew
11     Brad L. Dee
12     Sophia M. DiCaro
13     Jack R. Draxler
14     Susan Duckworth
15     Rebecca P. Edwards
16     Steve Eliason
17     Gage Froerer
18     Stephen G. Handy
19     Timothy D. Hawkes
20     Lynn N. Hemingway
Sandra Hollins
Eric K. Hutchings
Don L. Ipson
Brad King
Bradley G. Last
Kay L. McIff
Carol Spackman Moss
Merrill F. Nelson
Michael E. Noel
Curtis Oda
Derrin Owens
Lee B. Perry
Dixon M. Pitcher
Marie H. Poulson
Kraig Powell
Paul Ray
Edward H. Redd
Angela Romero
Scott D. Sandall
V. Lowry Snow
Robert M. Spendlove
Jon E. Stanard
Keven J. Stratton
Earl D. Tanner
Raymond P. Ward
R. Curt Webb
John R. Westwood
Mark A. Wheatley
Brad R. Wilson

23     General Description:
24          This bill modifies provisions related to the Utah Office of Outdoor Recreation.
25     Highlighted Provisions:
26          This bill:
27          ▸     defines terms;
28          ▸     creates the Outdoor Recreational Infrastructure Grant Program;

29          ▸     describes the requirements and purposes of the program;
30          ▸     grants rulemaking authority to the Utah Office of Outdoor Recreation; and
31          ▸     makes technical changes.
32     Money Appropriated in this Bill:
33          This bill appropriates in fiscal year 2017:
34          ▸     to the Governor's Office of Economic Development -- Utah Office of Outdoor
35     Recreation -- Outdoor Recreational Infrastructure Grant Program, as a one-time
36     appropriation:
37               •     from the General Fund, One-time, $1,000,000
38     Other Special Clauses:
39          None
40     Utah Code Sections Affected:
41     AMENDS:
42          63N-9-102, as renumbered and amended by Laws of Utah 2015, Chapter 283
43          63N-9-104, as renumbered and amended by Laws of Utah 2015, Chapter 283
44          63N-9-105, as renumbered and amended by Laws of Utah 2015, Chapter 283
45          63N-9-106, as renumbered and amended by Laws of Utah 2015, Chapter 283
46     ENACTS:
47          63N-9-201, Utah Code Annotated 1953
48          63N-9-202, Utah Code Annotated 1953
49          63N-9-203, Utah Code Annotated 1953

51     Be it enacted by the Legislature of the state of Utah:
52          Section 1. Section 63N-9-102 is amended to read:
53          63N-9-102. Definitions.
54          As used in this chapter:
55          (1) "Accessible to the general public," in relation to the awarding of an infrastructure
56     grant, means:

57          (a) the public may use the infrastructure in accordance with federal and state
58     regulations; and
59          (b) no community or group retains exclusive rights to access the infrastructure.
60          [(1)] (2) "Director" means the director of the outdoor recreation office.
61          [(2)] (3) "Executive director" means the executive director of GOED.
62          (4) "Infrastructure grant" means an outdoor recreational infrastructure grant described
63     in Section 63N-9-202.
64          [(3)] (5) "Outdoor recreation office" means the Utah Office of Outdoor Recreation
65     created in Section 63N-9-104.
66          (6) (a) "Recreational infrastructure project" means an undertaking to build or improve
67     the approved facilities, services, and installations needed for the public to access and enjoy the
68     state's outdoors.
69          (b) "Recreational infrastructure project" may include the:
70          (i) establishment, construction, or renovation of a trail, trail infrastructure, or trail
71     facilities;
72          (ii) construction of a project for water-related outdoor recreational activities;
73          (iii) development of a project for wildlife watching opportunities, including bird
74     watching;
75          (iv) development of a project that provides winter recreation amenities;
76          (v) construction or improvement of a community park that has amenities for outdoor
77     recreation;
78          (vi) construction or improvement of a naturalistic and accessible playground; and
79          (vii) development, establishment, or expansion of a program for youth related to
80     outdoor recreation.
81          (7) "Underserved or underprivileged community" means a group of people, including a
82     municipality, county, or American Indian tribe that:
83          (a) has limited access or has demonstrated a low level of use of recreational
84     infrastructure; and

85          (b) is economically disadvantaged.
86          Section 2. Section 63N-9-104 is amended to read:
87          63N-9-104. Creation of outdoor recreation office and appointment of director --
88     Responsibilities of outdoor recreation office.
89          (1) There is created within the Governor's Office of Economic Development the Utah
90     Office of Outdoor Recreation.
91          (2) (a) The executive director shall appoint a director of the outdoor recreation office.
92          (b) The director shall report to the executive director and may appoint staff.
93          (3) The [purposes of the office are to] outdoor recreation office shall:
94          (a) coordinate outdoor recreation policy, management, and promotion:
95          (i) among state and federal agencies and local government entities in the state; and
96          (ii) with the Public Lands Policy Coordinating Office created in Section 63J-4-602, if
97     public land is involved;
98          (b) promote economic development in the state by:
99          (i) coordinating with outdoor recreation stakeholders;
100          (ii) improving recreational opportunities; and
101          (iii) recruiting outdoor recreation business;
102          (c) recommend to the governor and Legislature policies and initiatives to enhance
103     recreational amenities and experiences in the state and help implement those policies and
104     initiatives;
105          (d) develop data regarding the impacts of outdoor recreation in the state; and
106          (e) promote the health and social benefits of outdoor recreation, especially to young
107     people.
108          (4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
109     Funds Procedures Act, the outdoor recreation office may:
110          (a) seek federal grants or loans;
111          (b) seek to participate in federal programs; and
112          (c) in accordance with applicable federal program guidelines, administer federally

113     funded outdoor recreation programs.
114          (5) For purposes of administering this part, the outdoor recreation office may make
115     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
116          Section 3. Section 63N-9-105 is amended to read:
117          63N-9-105. Duties of director.
118          [(1)] The director shall:
119          [(a) assure] (1) ensure that the [purposes] responsibilities of the outdoor recreation
120     office outlined in [Subsection 63N-9-104(3)] this chapter are fulfilled; and
121          [(b)] (2) organize and provide administrative oversight to the outdoor recreation office
122     staff.
123          [(2) By following the procedures and requirements of Title 63J, Chapter 5, Federal
124     Funds Procedures Act, the outdoor recreation office may:]
125          [(a) seek federal grants or loans;]
126          [(b) seek to participate in federal programs; and]
127          [(c) in accordance with applicable federal program guidelines, administer federally
128     funded outdoor recreation programs.]
129          [(3) For purposes of administering this part, the outdoor recreation office may make
130     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.]
131          Section 4. Section 63N-9-106 is amended to read:
132          63N-9-106. Annual report.
133          The executive director shall include in the annual written report described in Section
134     63N-1-301[,] a report from the director on the activities of the outdoor recreation office,
135     including a description and the amount of any awarded infrastructure grants.
136          Section 5. Section 63N-9-201 is enacted to read:
Part 2. Outdoor Recreational Infrastructure Grant Program

138          63N-9-201. Title.
139          This part is known as the "Outdoor Recreational Infrastructure Grant Program."
140          Section 6. Section 63N-9-202 is enacted to read:

141          63N-9-202. Creation and purpose of infrastructure grant program.
142          (1) There is created the Outdoor Recreational Infrastructure Grant Program
143     administered by the outdoor recreation office.
144          (2) The outdoor recreation office may seek to accomplish the following objectives in
145     administering the infrastructure grant program:
146          (a) build, maintain, and promote recreational infrastructure to provide greater access to
147     low-cost outdoor recreation for the state's citizens;
148          (b) encourage residents and nonresidents of the state to take advantage of the beauty of
149     Utah's outdoors;
150          (c) encourage individuals and businesses to relocate to the state;
151          (d) promote outdoor exercise; and
152          (e) provide outdoor recreational opportunities to an underserved or underprivileged
153     community in the state.
154          Section 7. Section 63N-9-203 is enacted to read:
155          63N-9-203. Rulemaking and requirements for awarding an infrastructure grant.
156          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
157     outdoor recreation office shall make rules establishing the eligibility and reporting criteria for
158     an entity to receive an infrastructure grant, including:
159          (a) the form and process of submitting an application to the outdoor recreation office
160     for an infrastructure grant;
161          (b) which entities are eligible to apply for an infrastructure grant;
162          (c) specific categories of projects that are eligible for an infrastructure grant;
163          (d) the method and formula for determining grant amounts; and
164          (e) the reporting requirements of grant recipients.
165          (2) In determining the award of an infrastructure grant, the outdoor recreation office
166     may prioritize a project that will serve an underprivileged or underserved community.
167          (3) An infrastructure grant may only be awarded by the executive director after
168     consultation with the director and the board.

169          (4) The following entities may not receive an infrastructure grant under this part:
170          (a) a federal government entity;
171          (b) a state agency; and
172          (c) a for-profit entity.
173          (5) An infrastructure grant may only be awarded under this part:
174          (a) for a project that is accessible to the general public; and
175          (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
176     funds having a value equal to or greater than the amount of the infrastructure grant.
177          (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
178     provided through an in-kind contribution by the grant recipient, if:
179          (a) approved by the executive director after consultation with the director and the
180     board; and
181          (b) the in-kind donation does not include real property.
182          (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
183     recipient match described in Subsection (5)(b), will be used for the purchase of real property or
184     for the purchase or transfer of a conservation easement.
185          Section 8. Appropriation.
186          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
187     the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
188     are appropriated from resources not otherwise appropriated, or reduced from amounts
189     previously appropriated, out of the funds or accounts indicated. These sums of money are in
190     addition to amounts previously appropriated for fiscal year 2017.
191          To Governor's Office of Economic Development -- Utah Office of Outdoor Recreation
192               From General Fund, One-time

193               Schedule of Programs:
194                    Outdoor Recreational Infrastructure
195                    Grant Program                         $1,000,000
196          With regards to the appropriation provided under this section, the Legislature intends

197     that:
198          (1) under Section 63J-1-603, the appropriation not lapse at the close of fiscal year
199     2017;
200          (2) $300,000 be used for an infrastructure grant, where the grant recipient meets the
201     requirements of Section 63N-9-203, related to the Kanab Trail at the Jackson Flat Reservoir;
202          (3) the use of any nonlapsing funds be limited to providing grants and paying for the
203     administration costs of the Outdoor Recreational Infrastructure Grant Program created in
204     Section 65N-9-202.