Chief Sponsor: Michael E. Noel

Senate Sponsor: David P. Hinkins

6     Cosponsors:
7     Jacob L. Anderegg
8     Stewart Barlow
9     Melvin R. Brown
10     Scott H. Chew
11     LaVar Christensen
12     Kay J. Christofferson
13     Kim Coleman
14     Fred C. Cox
15     Rich Cunningham
16     Brad M. Daw
17     Brad L. Dee
18     Jack R. Draxler
19     Rebecca P. Edwards
20     Steve Eliason
21     Gage Froerer
Francis D. Gibson
Brian M. Greene
Keith Grover
Stephen G. Handy
Gregory H. Hughes
Don L. Ipson
Ken Ivory
Michael S. Kennedy
Bradley G. Last
David E. Lifferth
Kay L. McIff
Mike K. McKell
Merrill F. Nelson
Curtis Oda
Derrin Owens
Lee B. Perry
Jeremy A. Peterson
Val L. Peterson
Dixon M. Pitcher
Paul Ray
Marc K. Roberts
Douglas V. Sagers
Scott D. Sandall
Mike Schultz
V. Lowry Snow
Jon E. Stanard
Keven J. Stratton
Norman K Thurston
Raymond P. Ward
R. Curt Webb
John R. Westwood
Brad R. Wilson

24     General Description:
25          This bill enacts the Utah Public Land Management Act.
26     Highlighted Provisions:
27          This bill:

28          ▸     defines terms;
29          ▸     makes findings;
30          ▸     requires the director of the Division of Oil, Gas, and Mining to make a report to the
31     Commission for the Stewardship of Public Lands;
32          ▸     establishes duties for the director of the Department of Natural Resources and the
33     commissioner of the Department of Agriculture and Food;
34          ▸     authorizes fees;
35          ▸     establishes the:
36               •     Public Land Protection Fund;
37               •     Public Land Management Fund;
38               •     Timber Fund; and
39               •     Grazing Land Fund;
40          ▸     establishes a procedure to issue a right-of-way or use authorization on public land;
41          ▸     creates the Division of Land Management within the Department of Natural
42     Resources;
43          ▸     creates the Public Land Management Advisory Board;
44          ▸     requires reports to the Legislature; and
45          ▸     makes technical changes.
46     Money Appropriated in this Bill:
47          None
48     Other Special Clauses:
49          None
50     Utah Code Sections Affected:
51     AMENDS:
52          40-6-16, as last amended by Laws of Utah 1993, Chapter 227
53          79-2-201, as last amended by Laws of Utah 2013, Chapter 413
54     ENACTS:
55          63L-8-101, Utah Code Annotated 1953

56          63L-8-102, Utah Code Annotated 1953
57          63L-8-103, Utah Code Annotated 1953
58          63L-8-104, Utah Code Annotated 1953
59          63L-8-105, Utah Code Annotated 1953
60          63L-8-201, Utah Code Annotated 1953
61          63L-8-202, Utah Code Annotated 1953
62          63L-8-203, Utah Code Annotated 1953
63          63L-8-301, Utah Code Annotated 1953
64          63L-8-302, Utah Code Annotated 1953
65          63L-8-303, Utah Code Annotated 1953
66          63L-8-304, Utah Code Annotated 1953
67          63L-8-305, Utah Code Annotated 1953
68          63L-8-306, Utah Code Annotated 1953
69          63L-8-307, Utah Code Annotated 1953
70          63L-8-308, Utah Code Annotated 1953
71          63L-8-309, Utah Code Annotated 1953
72          63L-8-310, Utah Code Annotated 1953
73          63L-8-311, Utah Code Annotated 1953
74          63L-8-312, Utah Code Annotated 1953
75          63L-8-401, Utah Code Annotated 1953
76          63L-8-402, Utah Code Annotated 1953
77          63L-8-403, Utah Code Annotated 1953
78          63L-8-501, Utah Code Annotated 1953
79          63L-8-502, Utah Code Annotated 1953
80          63L-8-503, Utah Code Annotated 1953
81          63L-8-504, Utah Code Annotated 1953
82          63L-8-505, Utah Code Annotated 1953
83          63L-8-506, Utah Code Annotated 1953

84          63L-8-507, Utah Code Annotated 1953
85          63L-8-508, Utah Code Annotated 1953
86          63L-8-509, Utah Code Annotated 1953
87          63L-8-510, Utah Code Annotated 1953
88          63L-8-511, Utah Code Annotated 1953
89          63L-8-601, Utah Code Annotated 1953
90          63L-8-602, Utah Code Annotated 1953
91          79-6-101, Utah Code Annotated 1953
92          79-6-102, Utah Code Annotated 1953
93          79-6-103, Utah Code Annotated 1953
94          79-6-104, Utah Code Annotated 1953
95          79-6-105, Utah Code Annotated 1953

97     Be it enacted by the Legislature of the state of Utah:
98          Section 1. Section 40-6-16 is amended to read:
99          40-6-16. Duties of division.
100          (1) In addition to the duties assigned by the board, the division shall:
101          [(1)] (a) develop and implement an inspection program that will include but not be
102     limited to production data, pre-drilling checks, and site security reviews;
103          [(2)] (b) publish a monthly production report;
104          [(3)] (c) publish a monthly gas processing plant report;
105          [(4)] (d) review and evaluate, prior to a hearing, evidence submitted with the petition to
106     be presented to the board;
107          [(5)] (e) require adequate assurance of approved water rights in accordance with rules
108     and orders enacted under Section 40-6-5; and
109          [(6)] (f) notify the county executive of the county in which the drilling will take place
110     in writing of the issuance of a drilling permit.
111          (2) The director shall, by October 30, 2016, report to the Commission for the

112     Stewardship of Public Lands regarding the division's recommendations for how the state shall
113     deal with oil, gas, and mining issues in the Utah Public Land Management Act.
114          Section 2. Section 63L-8-101 is enacted to read:

Part 1. General Provisions

117          63L-8-101. Title.
118          (1) This chapter is known as the "Utah Public Land Management Act."
119          (2) This part is known as "General Provisions."
120          Section 3. Section 63L-8-102 is enacted to read:
121          63L-8-102. Definitions.
122           As used in this chapter:
123          (1) "Board" means the board created in Section 79-6-104.
124          (2) "Commissioner" means the commissioner of the Department of Agriculture and
125     Food, or the commissioner's designee.
126          (3) "DAF" means the Department of Agriculture and Food.
127          (4) "Director" means the director of the Division of Land Management or the director's
128     designee.
129          (5) "DLM" means the Division of Land Management, a division created within the
130     Department of Natural Resources in Section 79-6-102.
131          (6) "Grazing permit" means a document, issued by the Division of Land Management,
132     authorizing use of public land for the purpose of grazing domestic livestock.
133          (7) "Land use authorization" means an easement, lease, permit, or license to occupy,
134     use, or traverse public land granted for a particular purpose.
135          (8) "Minerals" means all classes of inorganic material upon, within, or beneath the
136     surface of public land, including silver, gold, copper, lead, zinc, uranium, gemstones, potash,
137     gypsum, clay, salts, sand, rock, gravel, oil, oil shale, oil sands, gas, coal, and all carboniferous
138     materials.
139          (9) "Multiple use" means:

140          (a) the management of the public land and the public land's various resource values so
141     resources are best utilized in the combination that will meet the present and future needs of the
142     citizens of Utah;
143          (b) making the most judicious use of land for some or all of the resources or related
144     services over areas large enough to provide sufficient latitude for periodic adjustments in use to
145     conform to changing needs and conditions;
146          (c) a combination of balanced and diverse resource uses that take into account the
147     long-term needs of future generations for renewable and non-renewable resources, including
148     recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific,
149     and historic values; and
150          (d) harmonious and coordinated management of the various resources without
151     permanent impairment of the productivity of the land and the quality of the environment with
152     consideration being given to the relative values of the resources.
153          (10) "Public land" means any land or land interest acquired by the state from the
154     federal government pursuant to Section 63L-6-103, except:
155          (a) areas subsequently designated as a protected wilderness area, as described in Title
156     63L, Chapter 7, Utah Wilderness Act; and
157          (b) lands managed by the School and Institutional Trust Lands Administration pursuant
158     to Title 53C, School and Institutional Trust Lands Management Act.
159          (11) "Rangeland" means open public land used for grazing domestic livestock.
160          (12) "Sustained yield" means the achievement and maintenance in perpetuity of a
161     high-level annual or regular periodic output of the various renewable resources of the public
162     land consistent with multiple use.
163          (13) "Wilderness" means the same as that term is defined in Section 63L-7-103.
164          Section 4. Section 63L-8-103 is enacted to read:
165          63L-8-103. Principal or major use.
166          Each parcel of public land in this state shall be managed, as much as possible, to
167     promote the following principal or major uses of the land, consistent with the principles of

168     multiple use and sustained yield:
169          (1) domestic livestock grazing;
170          (2) fish and wildlife development and utilization;
171          (3) mineral exploration and production;
172          (4) rights-of-way;
173          (5) outdoor recreation;
174          (6) timber production; and
175          (7) wilderness conservation.
176          Section 5. Section 63L-8-104 is enacted to read:
177          63L-8-104. Declaration of policy.
178          (1) The Legislature declares that it is the policy of the state that:
179          (a) public land be retained in state ownership consistent with the provisions of this
180     chapter;
181          (b) public land may not be sold, except:
182          (i) as consistent with this chapter;
183          (ii) as consistent with local land use plans;
184          (iii) with the approval of the director and the board;
185          (iv) after sufficient opportunity for public comment; and
186          (v) for an important public interest;
187          (c) goals and objectives be established by law as guidelines for public land use
188     planning, and that management be on the basis of multiple use and sustained yield, unless
189     otherwise provided by statute; and
190          (d) the public land be managed in a manner that will:
191          (i) recognize the state's need for domestic sources of minerals, food, timber, and fiber;
192          (ii) protect the quality of scientific, scenic, historical, ecological, environmental, air
193     and atmospheric, water resource, and archeological values;
194          (iii) where appropriate, preserve and protect certain public land in its natural condition;
195          (iv) provide food and habitat for fish, wildlife, and domestic animals; and

196          (v) provide for outdoor recreation, human occupancy, and other human use.
197          (2) All rules made to effectuate the purposes of this chapter shall be made in
198     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
199          Section 6. Section 63L-8-105 is enacted to read:
200          63L-8-105. Interdepartmental cooperation.
201          (1) The director, subject to periodic review of the Legislature, may establish programs
202     to conduct projects, planning, permitting, leasing, contracting and other activities on public
203     land.
204          (2) (a) The director shall provide management policies and programs for all uses of
205     public land, including the principal or major uses described in Section 63L-8-103.
206          (b) The director shall consult with the commissioner, who may make recommendations
207     to the director on rangeland management issues on public land, including:
208          (i) determining the number of domestic animals that may be sustained on a tract of land
209     while maintaining that land for wildlife and fish use and future grazing use; and
210          (ii) issuing grazing permits.
211          (c) The director shall consult with other state agencies having management
212     responsibility over natural resources that may be impacted by management decisions and
213     actions on public land.
214          Section 7. Section 63L-8-201 is enacted to read:
Part 2. Identification and Land Use Planning

216          63L-8-201. Title.
217          This part is known as "Identification and Land Use Planning."
218          Section 8. Section 63L-8-202 is enacted to read:
219          63L-8-202. Land use planning.
220          (1) The director, in consultation with the board, the commissioner, and other state
221     agencies with management authority over other state owned land and resources affected by
222     land use planning shall, with public involvement, develop, maintain, and revise land use plans
223     that address the use and conservation of public land in the state.

224          (2) In the development and revision of land use plans, the director shall:
225          (a) use and observe the principles of multiple use and sustained yield;
226          (b) develop rules describing the degree of planning necessary for each category of
227     activity upon, or conservation of, public land;
228          (c) provide for compliance with applicable pollution control laws;
229          (d) make determinations concerning the management, protection, and conservation of
230     plant species officially designated as endangered or threatened under the federal Endangered
231     Species Act of 1973, as amended, on public land; and
232          (e) to the extent consistent with the laws governing the administration of the public
233     land:
234          (i) coordinate the land use inventory, planning, and management activities for public
235     land with the land use planning and management programs of the county government within
236     which the public land is located; and
237          (ii) involve the public and local county officials in the development of land use
238     programs, land use rules, and land use decisions for public land, including early public notice
239     of proposed decisions, programs, or regulations that may have a significant impact on
240     non-public land.
241          (3) The director shall, to the maximum extent possible and consistent with this chapter,
242     implement land use plans that provide for consistent results with local land use plans.
243          (4) (a) Management decisions shall remain subject to reconsideration, modification,
244     and termination through revision by the director, subject to contractual rights granted by any
245     land use authorization issued by the division.
246          (b) The director shall report to the speaker of the House of Representatives and the
247     president of the Senate on a management program or policy decision that eliminates, for two or
248     more years, one or more of the principal or major uses of a tract of public land of 1,000 acres or
249     more.
250          (5) The director shall:
251          (a) allow an opportunity for public involvement; and

252          (b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative
253     Rulemaking Act, to give governments and the public adequate notice and opportunity to
254     comment upon and participate in the formulation of plans, programs, and policies relating to
255     the management of the public land.
256          Section 9. Section 63L-8-203 is enacted to read:
257          63L-8-203. Honoring pre-existing claims and rights.
258          (1) Upon receiving title to a tract of federal public land, the state shall honor all
259     pre-existing rights that run appurtenant to that tract of federal public land.
260          (2) The state shall develop an adjudicative process to deal with competing claims to
261     rights that run appurtenant to a tract of federal public land.
262          Section 10. Section 63L-8-301 is enacted to read:
Part 3. Administration of the Utah Public Land Management Act

264          63L-8-301. Title.
265          This part is known as "Administration of the Utah Public Land Management Act."
266          Section 11. Section 63L-8-302 is enacted to read:
267          63L-8-302. Division of Land Management.
268          Except as otherwise provided by law, the Division of Land Management, created in
269     Section 79-6-102, shall provide necessary staff support for the implementation of this chapter.
270          Section 12. Section 63L-8-303 is enacted to read:
271          63L-8-303. Management of use, occupancy, and development of public land.
272          (1) As used in this section, "casual" means activity that:
273          (a) occurs irregularly; and
274          (b) is non-commercial.
275          (2) (a) Except as provided in Subsection (2)(b), the director shall manage the public
276     land under principles of multiple use and sustained yield, in accordance with land use plans
277     developed by the DLM.
278          (b) Where a tract of public land has been dedicated to a specific use according to a
279     provision of law, legal encumbrance, or contractual obligation, it shall be managed in

280     accordance with those provisions.
281          (3) (a) The director shall, subject to Subsection (3)(b) and other applicable law,
282     authorize use of the public land through land use authorizations.
283          (b) The director may permit state departments, agencies, and local governments to use,
284     occupy, and develop public land through rights-of-way or other cooperative agreements.
285          (c) The director may authorize use of the land through specific programs, such as:
286          (i) the collection of firewood, nuts, or the casual gathering of other organic products;
287          (ii) camping or other casual use;
288          (iii) rockhounding, building stone, or the gathering of other rock products; or
289          (iv) other casual uses.
290          (d) The programs described in Subsection (3)(c) may require the issuance of a permit
291     and collection of a reasonable fee, if necessary.
292          (e) Nothing in this chapter shall be construed as:
293          (i) authorizing the director to:
294          (A) require permits to hunt and fish on public land and adjacent water beyond those
295     approved by the Wildlife Board pursuant to Title 23, Wildlife Resources Code of Utah; or
296          (B) to close public land or areas of public land to hunting, fishing, or trapping, except
297     as provided in Subsection (3)(f); or
298          (ii) enlarging or diminishing the responsibility and authority of the Wildlife Board or
299     Division of Wildlife Resources for management of fish and resident wildlife on public land
300     pursuant to Title 23, Wildlife Resources Code of Utah.
301          (f) The director may designate areas of public land where, and establish periods when,
302     no hunting will be permitted on public land for reasons of public safety, administration, or
303     compliance with provisions of applicable law.
304          (4) Subject to Subsection (5), the director shall insert in any land use authorization
305     providing for the use, occupancy, or development of the public land, a provision authorizing
306     revocation or suspension, after notice and hearing, of the authorization upon a final
307     administrative finding of a violation of any term or condition of the authorization.

308          (5) (a) The director may immediately revoke or suspend a land use authorization if,
309     after notice and administrative hearing, there is an administrative finding that the holder
310     violated a term or condition of the authorization.
311          (b) If a holder of an authorization rectifies the violation that formed the basis of the
312     director's suspension under Subsection (5)(a), the director may terminate the suspension.
313          (6) The director may order an immediate temporary suspension before a hearing or
314     final administrative finding if the director determines that a suspension is necessary to protect:
315          (a) health or safety; or
316          (b) the environment.
317          (7) Use of public land pursuant to a general authorization under this section shall be
318     limited to areas where the use is consistent with the applicable land use plans prepared
319     pursuant to Section 63L-8-202.
320          (8) A general authorization for the use of public land shall be subject to:
321          (a) a requirement that the using party shall be responsible for any necessary cleanup
322     and decontamination of the land used; and
323          (b) terms and conditions, including restrictions on use of off-road or all-terrain
324     vehicles, as the director deems appropriate.
325          (9) A general authorization issued pursuant to this section:
326          (a) may not be for a term exceeding five years; and
327          (b) shall be revoked in whole or in part, as the director finds necessary, upon a
328     determination by the director that:
329          (i) there has been a failure to comply with its terms and conditions; or
330          (ii) activities permitted by the authorization have had, or might have, a significant
331     adverse impact on the resources or values of the affected lands.
332          (10) Each specific use of a particular area of public land pursuant to a general
333     authorization under this section is subject to:
334          (a) specific authorization by the director; and
335          (b) appropriate terms and conditions, as described in this section.

336          (11) An authorization under this section may not authorize the construction of
337     permanent structures or facilities on the public land.
338          (12) No one may use or occupy public land without appropriate authorization.
339          Section 13. Section 63L-8-304 is enacted to read:
340          63L-8-304. Enforcement authority.
341          (1) The director shall issue rules as necessary to implement the provisions of this
342     chapter with respect to the management, use, and protection of the public land and property
343     located on the public land.
344          (2) At the request of the director, the attorney general may institute a civil action in a
345     district court for an injunction or other appropriate remedy to prevent any person from utilizing
346     public land in violation of this chapter or rules issued by the director under this chapter.
347          (3) The use, occupancy, or development of any portion of the public land contrary to
348     any rule issued by the DLM in accordance with this chapter, and without proper authorization,
349     is unlawful and prohibited.
350          (4) (a) Except as provided in Subsections (4)(b) and (c), the local county sheriff is the
351     primary law enforcement authority with jurisdiction on public land to enforce this chapter and
352     rules issued by the director pursuant to Subsection (1).
353          (b) The director may employ and utilize within the DLM certified peace officers that, if
354     and when deployed, will be the primary law enforcement authority with jurisdiction on public
355     land to enforce this chapter and rules issued pursuant to Subsection (1).
356          (c) Conservation officers employed by the Division of Wildlife Resources are the
357     primary law enforcement authority with jurisdiction on public land to enforce the laws and
358     regulations under Title 23, Wildlife Resources Code of Utah, for the sake of protected wildlife.
359          (d) Nothing herein shall be construed as enlarging or diminishing the responsibility or
360     authority of a state certified peace officer in performing the officer's duties on public land.
361          Section 14. Section 63L-8-305 is enacted to read:
362          63L-8-305. Fees, charges, and commissions.
363          (1) The director may establish reasonable filing and service fees with respect to

364     applications and other documents relating to the public land, in accordance with Section
365     63J-1-504.
366          (2) The director is authorized to require a deposit of any payments intended to
367     reimburse the state for reasonable costs with respect to applications and other documents
368     relating to such land.
369          (3) The money received under this subsection shall be:
370          (a) deposited in the Public Land Management Fund created in Section 63L-8-308; and
371          (b) authorized to be appropriated and made available until expended.
372          (4) (a) As used in this section "reasonable costs" include:
373          (i) the costs of special studies;
374          (ii) environmental reviews;
375          (iii) monitoring construction, operation, maintenance, and termination of any
376     authorized facility; or
377          (iv) other special activities.
378          (b) In determining whether costs are reasonable, the director may take into
379     consideration:
380          (i) actual costs, exclusive of management overhead;
381          (ii) the monetary value of the rights or privileges sought by the applicant;
382          (iii) the efficiency of the government processing involved;
383          (iv) that portion of the cost incurred for the benefit of the general public interest rather
384     than for the exclusive benefit of the applicant;
385          (v) the public service provided; and
386          (vi) other factors relevant to determining the reasonableness of the costs.
387          Section 15. Section 63L-8-306 is enacted to read:
388          63L-8-306. Availability of excess fees.
389          All fees authorized by this chapter, excluding mining claim fees, not otherwise
390     dedicated by law for a specific distribution shall:
391          (1) be deposited in the Public Land Management Fund created in Section 63L-8-308;

392     and
393          (2) remain available until expended.
394          Section 16. Section 63L-8-307 is enacted to read:
395          63L-8-307. Public Land Protection Fund -- Forfeitures and deposits.
396          (1) There is created an expendable special revenue fund known as the "Public Land
397     Protection Fund."
398          (2) The fund shall consist of:
399          (a) money appropriated by the Legislature;
400          (b) money received by the state as a result of:
401          (i) the forfeiture of a bond or other security by a resource developer or purchaser or
402     permittee who does not fulfill the requirements of a contract or permit or does not comply with
403     rules issued under this chapter; or
404          (ii) a compromise or settlement of any claim involving present or potential damage to
405     the public land;
406          (c) money voluntarily donated or contributed to the fund; and
407          (d) interest earned on money in the fund.
408          (3) The DLM may expend money in the fund to cover the cost of any improvement,
409     protection, or rehabilitation work on public land, which is rendered necessary by the action that
410     led to a forfeiture, compromise, or settlement.
411          (4) If the director finds that any portion of a deposit or amount forfeited under this
412     chapter is in excess of the cost of doing the work authorized under this chapter, the director
413     may issue a refund of the amount in excess to be made from applicable funds.
414          Section 17. Section 63L-8-308 is enacted to read:
415          63L-8-308. Public Land Management Fund.
416          (1) There is created an expendable special revenue fund known as the "Public Land
417     Management Fund."
418          (2) The fund shall consist of:
419          (a) fees collected by the DLM under this chapter;

420          (b) money appropriated to the fund by the Legislature;
421          (c) money collected under Section 63L-8-505;
422          (d) money voluntarily donated or contributed to the fund; and
423          (e) interest earned on the fund.
424          (3) The DLM may expend money in the fund on:
425          (a) administration costs;
426          (b) project planning;
427          (c) a payment authorized by this chapter; and
428          (d) other duties required under this chapter.
429          (4) The DLM shall annually expend money in the fund to pay a county in lieu of taxes
430     the county cannot levy on public land owned by the state:
431          (a) in an amount no less than the highest amount ever fully authorized by Congress for
432     payment to the county under the federal Payments in Lieu of Taxes and Secure Rural Schools
433     programs, according to the most recent federal formulas before the effective date of this
434     chapter, as described in Section 63L-8-602; and
435          (b) as funding allows.
436          Section 18. Section 63L-8-309 is enacted to read:
437          63L-8-309. Timber Fund.
438          (1) There is created an expendable special revenue fund known as the "Timber Fund."
439          (2) The fund described in Subsection (1) shall consist of:
440          (a) money received from the disposal of timber prepared for sale from public lands;
441          (b) money voluntarily donated or contributed to the fund; and
442          (c) interest earned on the fund.
443          (3) The DLM may expend money in the fund for the purposes of:
444          (a) planning and preparing timber for disposal;
445          (b) the administration of timber sales;
446          (c) site preparation and reforestation;
447          (d) wildfire suppression and rehabilitation on forested public land; and

448          (e) overhead and direct costs associated with timber management.
449          Section 19. Section 63L-8-310 is enacted to read:
450          63L-8-310. Grazing Land Fund.
451          (1) There is created an expendable special revenue fund known as the "Grazing Land
452     Fund."
453          (2) The fund shall consist of:
454          (a) money received from grazing fees, as described in Section 63L-8-402;
455          (b) money voluntarily donated or contributed to the fund; and
456          (c) interest earned on the fund.
457          (3) The DLM may expend money in the fund for:
458          (a) on-the-ground range rehabilitation, protection, and improvements on public land
459     that is grazed;
460          (b) seeding and reseeding;
461          (c) fence construction;
462          (d) weed control;
463          (e) water development;
464          (f) fish and wildlife habitat enhancement;
465          (g) wildfire suppression; and
466          (h) overhead and direct costs associated with rangeland and grazing management.
467          Section 20. Section 63L-8-311 is enacted to read:
468          63L-8-311. Implementation provisions.
469          (1) (a) The director may conduct investigations, studies, and experiments involving the
470     management, protection, development, acquisition, and transfer of public land.
471          (b) The director may work with other departments, agencies, or political subdivisions
472     in conducting an investigation, study, or experiment, as described in Subsection (1)(a).
473          (c) (i) Where an investigation, study, or experiment described in Subsection (1)(a)
474     finds that the transfer of a tract of public land in excess of 200 acres would promote economic
475     land management or serve an important public interest, including the expansion of

476     communities and economic development, the director shall recommend the transfer to the
477     Natural Resources, Agriculture, and Environment Interim Committee and include the basis for
478     the recommendation.
479          (ii) No transfer of a tract of public land in excess of 200 acres may be authorized until
480     approved by the Legislature and the governor.
481          (2) The director may enter into contracts and cooperative agreements involving the
482     management, protection, and development of public land.
483          (3) (a) The director may accept voluntary contributions or donations of money,
484     services, and real or personal property for:
485          (i) the management, protection, and development of public land, including the
486     acquisition of rights-of-way;
487          (ii) any purpose described in Sections 63L-8-307, 63L-8-308, 63L-8-309, and
488     63L-8-310; or
489          (iii) cadastral surveying performed on public land and intermingled land.
490          (b) The director shall deposit any money donated or contributed under this section in
491     the account designated by the donor or, if not specified, in the Public Land Management Fund
492     created in Section 63L-8-308.
493          Section 21. Section 63L-8-312 is enacted to read:
494          63L-8-312. Annual reports.
495          (1) The director shall:
496          (a) prepare a report on the public land in accordance with Subsection (2); and
497          (b) submit the report to the Natural Resources, Agriculture, and Environment Interim
498     Committee no later than October 31 annually.
499          (2) A list of programs and specific information to be included in the report described in
500     Subsection (1) shall be developed by the Natural Resources, Agriculture, and Environment
501     Interim Committee before the end of each fiscal year.
502          Section 22. Section 63L-8-401 is enacted to read:
Part 4. Range Management

504          63L-8-401. Title.
505          This part is known as "Range Management."
506          Section 23. Section 63L-8-402 is enacted to read:
507          63L-8-402. Grazing fees -- Feasibility study -- Contents -- Submission of report --
508     Annual distribution and use of range betterment funds -- Nature of distributions.
509          (1) The Legislature finds that, as of 2016, a substantial amount of the rangelands on the
510     public land is deteriorating in quality due to federal mismanagement, and that installation of
511     additional range improvements could arrest much of the continuing deterioration and lead to
512     substantial betterment of forage conditions with resulting benefits to wildlife, watershed
513     protection, and livestock production.
514          (2) The director, in consultation with the commissioner, shall:
515          (a) conduct a study to determine necessary range improvements on public land; and
516          (b) establish a fee, in accordance with Section 63J-1-504, to be charged for domestic
517     livestock grazing on public land that is equitable to the:
518          (i) state and the state's citizens; and
519          (ii) holders of grazing permits and leases on rangeland.
520          (3) The director shall report the result of the study described in Subsection (2)(a) to the
521     Natural Resources, Agriculture, and Environment Interim Committee, together with
522     recommendations to implement a reasonable grazing fee schedule.
523          (4) (a) Fifty percent of all money received by the state as fees for grazing domestic
524     livestock on public land shall be deposited into the Grazing Land Fund created in Section
525     63L-8-310.
526          (b) Fifty percent of money received by the state as fees for grazing domestic livestock
527     on the public land shall be deposited into the Public Land Management Fund created in Section
528     63L-8-308.
529          Section 24. Section 63L-8-403 is enacted to read:
530          63L-8-403. Grazing permits and leases.
531          (1) (a) Except as provided in Subsection (2), permits and leases for domestic livestock

532     grazing on public land issued by the director may not exceed a term of five years, subject to
533     terms and conditions the director determines to be appropriate and consistent with this chapter.
534          (b) The director shall have authority to cancel, suspend, or modify a grazing permit or
535     lease, in whole or in part:
536          (i) pursuant to the terms and conditions of the permit or lease;
537          (ii) for any violation of:
538          (A) this chapter or a grazing rule implemented under this chapter; or
539          (B) any term or condition of the grazing permit or lease; or
540          (iii) to protect rangeland health from overutilization pursuant to Subsection (7).
541          (2) The holder of an expiring permit or lease shall be given first priority for receipt of
542     the new permit or lease, provided:
543          (a) the land for which the permit or lease is issued remains available for domestic
544     livestock grazing in accordance with a land use plan prepared pursuant to Section 63L-8-202;
545          (b) the permittee or lessee is in compliance with:
546          (i) the provisions of this chapter and the grazing rules issued by the DLM, in
547     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
548          (ii) the terms and conditions in the permit or lease specified by the director;
549          (c) the permittee or lessee accepts the terms and conditions included by the director in
550     the new permit or lease; and
551          (d) range conditions on the tract of public land are sufficient to support continued
552     livestock grazing, as determined by the director pursuant to Subsection (7).
553          (3) All permits and leases for domestic livestock grazing issued under this part may be
554     incorporated in an allotment management plan developed by the director.
555          (4) (a) If the director elects to develop an allotment management plan for a given area,
556     the director shall do so in consultation, cooperation, and coordination with:
557          (i) the lessees, permittees, and landowners involved;
558          (ii) the commissioner;
559          (iii) the State Grazing Advisory Board established under Section 4-20-1.5; and

560          (iv) the political subdivision having land within the area covered by the proposed
561     allotment management plan.
562          (b) An allotment management plan shall be:
563          (i) tailored to the specific range condition of the area covered by the plan; and
564          (ii) reviewed on a periodic basis to determine:
565          (A) the efficacy of the plan in improving range conditions on the involved land; and
566          (B) whether the land can be better managed.
567          (5) The director may revise or terminate plans, or develop new plans, after review and
568     consideration, consultation, cooperation, and coordination with the parties listed in Subsection
569     (4)(a).
570          (6) (a) In all cases where the director has not completed an allotment management plan
571     or determines that an allotment management plan is not necessary for management of livestock
572     operations, the director shall incorporate in grazing permits and leases all necessary terms and
573     conditions for the appropriate management of the permitted or leased land.
574          (b) The director, in consultation with the commissioner:
575          (i) shall specify the number of animals to be grazed and the seasons of use; and
576          (ii) may reexamine the condition of the range and forage utilization at any time.
577          (7) If the director finds that the condition of the range requires adjustment in the
578     amount or other aspect of grazing use, the permittee or lessee shall adjust the permittee or
579     lessee's use to the extent required by the director.
580          (8) An allotment management plan may not refer to livestock operations or range
581     improvements on non-public land, except where the non-public land is intermingled with
582     public land and the consent of the owner of the non-public land and the permittee or lessee
583     involved with the plan is obtained.
584          (9) (a) Whenever a permit or lease for grazing domestic livestock on public land is
585     canceled, in whole or in part, in order to devote the land covered by the permit or lease to
586     another public purpose, the permittee or lessee shall receive from the state reasonable
587     compensation for the adjusted value, to be determined by the director, of the permittee's or

588     lessee's interest in authorized permanent improvements placed or constructed by the permittee
589     or lessee on lands covered by such permit or lease.
590          (b) The compensation described in Subsection (9)(a) may not exceed the fair market
591     value of the terminated portion of the permittee's or lessee's interest.
592          (10) Except in cases of emergency, no permit or lease shall be canceled under this
593     subsection without one year's notification.
594          Section 25. Section 63L-8-501 is enacted to read:
Part 5. Rights-of-Way Authorization

596          63L-8-501. Title.
597          This part is known as "Rights-of-Way Authorization."
598          Section 26. Section 63L-8-502 is enacted to read:
599          63L-8-502. Rights-of-way for roads or facilities.
600          (1) If the state receives title to public land from the federal government, the director
601     shall, subject to Subsection (2), honor all:
602          (a) pre-existing rights-of-way granted to individuals, corporations, or political
603     subdivisions, subject to Subsection (2); and
604          (b) rights-of-way asserted in quiet title lawsuits filed by the state or a county in federal
605     court prior to taking ownership of the subject property.
606          (2) If the director determines it is in the best interest of the state, the director may
607     modify the fees, if any, charged to the holder of a right-of-way.
608          Section 27. Section 63L-8-503 is enacted to read:
609          63L-8-503. Grant, issue, or renewal of land use authorizations on public lands.
610          (1) The director is authorized to grant, issue, or renew land use authorizations over,
611     upon, under, or through public land for:
612          (a) a reservoir, canal, ditch, flume, lateral, pipe, pipeline, tunnel, or other facility or
613     system for the impoundment, storage, transportation, or distribution of water;
614          (b) a pipeline or other system for the transportation or distribution of:
615          (i) liquid and gas other than water;

616          (ii) natural gas, synthetic liquid, or gaseous fuels; or
617          (iii) a refined product produced from natural gas, synthetic liquid, or gaseous fuels;
618          (c) a storage or terminal facility in connection with the pipeline and other system
619     described in Subsection (1)(b);
620          (d) a pipeline, slurry and emulsion system, conveyor belt for transportation and
621     distribution of solid materials, or facility for the storage of solid materials in connection with a
622     pipeline, slurry and emulsion system, or conveyor belt;
623          (e) a system for generation, transmission, and distribution of electric energy, if the
624     applicant is in compliance with relevant state and federal requirements;
625          (f) a system for transmission or reception of radio, television, telephone, telegraph,
626     Internet, or other electronic signal used in communication;
627          (g) a road, trail, highway, railroad, canal, tunnel, tramway, airway, livestock driveway,
628     or other means of transportation, except where facilities are constructed and maintained in
629     connection with commercial recreation facilities on lands in the state park system; or
630          (h) other necessary transportation systems or facilities that are in the public interest and
631     that require rights-of-way over, upon, under, or through public land.
632          (2) The director shall require, before granting, issuing, or renewing a right-of-way, that
633     the applicant submit and disclose plans, contracts, agreements, or other information reasonably
634     related to the use, or intended use, of the right-of-way, that the director considers necessary for
635     a determination on:
636          (a) whether a right-of-way shall be granted, issued, or renewed; and
637          (b) the terms and conditions that should be included in the right-of-way.
638          (3) After the state receives title to public land, any alteration to the substantive terms of
639     a right-of-way, lease, or other authorization granted before the transfer of the land shall require
640     issuance of a new authorization.
641          (4) (a) Except as otherwise provided in this part, the director may, in accordance with
642     Section 63L-8-509, terminate or suspend a right-of-way, easement, or authorization issued
643     under this section, except for the road rights-of-way granted pursuant to Subsection (1)(b).

644          (b) An easement issued under this section may be terminated by the DLM without
645     cause if the water system for which the easement was issued is used for any purpose other than
646     agricultural irrigation, livestock watering, industrial use, or private or public culinary use.
647          (5) For purposes of this chapter, non-use for a continuous five-year period of a water
648     system developed for agricultural irrigation, livestock watering, or private or public culinary
649     purposes shall constitute a rebuttable presumption of abandonment of the easement and the
650     facilities comprising the water system.
651          (6) Except as provided in Title 73, Water and Irrigation, nothing in this part shall
652     confer on the director or other state official any power or authority to regulate or control the
653     appropriation, diversion, or use of water for any purpose, or to require the conveyance or
654     transfer to the state of any right or claim to the appropriation, diversion, or use of water.
655          (7) If a right-of-way issued under this section deteriorates to the point of threatening a
656     person or property, and the holder of the right-of-way, after consultation with the director,
657     refuses to perform the repair and maintenance necessary to remove the threat, the director may:
658          (a) (i) undertake such repair and maintenance on the right-of-way; and
659          (ii) assess the holder for the costs of the repair and maintenance; or
660          (b) suspend or terminate the right-of-way pursuant to Section 63L-8-509.
661          Section 28. Section 63L-8-504 is enacted to read:
662          63L-8-504. Roads.
663          (1) The director, with respect to public land, is authorized to provide for the
664     authorization, construction, and maintenance of new and necessary roads within the public land
665     that will permit utilization of the natural resources on such land, including the seven principal
666     or major uses described in Section 63L-8-103.
667          (2) The roads described in Subsection (1) shall be constructed to standards sufficient to
668     provide for the safety of the authorized users of the road, and to protect the environment to the
669     best available management standards applicable.
670          (3) Financing of the roads described in Subsection (1) may be accomplished by:
671          (a) the director utilizing appropriated funds;

672          (b) requirements on authorized users of the natural resources and other products from
673     the public land, including provisions for amortization of road costs in contracts;
674          (c) cooperative financing with other public agencies and with private agencies or
675     persons; or
676          (d) a combination of these methods, provided that:
677          (i) where roads of a higher standard than that needed for harvesting or removing
678     natural resources and other products from public land covered by a particular sale are to be
679     constructed, the authorized user may not be required to bear that part of the costs necessary to
680     meet such higher standard; or
681          (ii) when natural resource products are offered with the condition that the purchaser
682     build a road or roads in accordance with standards specified in the offer, the authorized user is
683     responsible for paying the full costs of road construction.
684          Section 29. Section 63L-8-505 is enacted to read:
685          63L-8-505. Maintenance of facilities.
686          (1) (a) The director may require a user of a road, trail, land, or other facility
687     administered by the DLM, or authorized by a DLM issued land use authorization, to:
688          (i) maintain facilities in a satisfactory condition commensurate with the particular use
689     requirements of each; or
690          (ii) reconstruct the facility when the reconstruction is determined necessary to
691     accommodate use.
692          (b) If maintenance or reconstruction cannot be provided, or if the director determines
693     that maintenance or reconstruction by a user would not be practical, the director may require
694     that sufficient funds be deposited by the user to provide the user's portion of the total
695     maintenance or reconstruction.
696          (2) Whenever the director obtains money for use on, or in connection with, a new or
697     existing road or the right to use such roads, the money shall be placed in the Public Land
698     Management Fund created in Section 63L-8-308.
699          Section 30. Section 63L-8-506 is enacted to read:

700          63L-8-506. Right-of-way corridors -- Criteria and procedures applicable for
701     designation.
702          (1) Utilization of a right-of-way in common is suggested to the extent practical in order
703     to minimize adverse environmental impacts and the proliferation of separate rights-of-way.
704          (2) In designating a right-of-way corridor, the director shall take into consideration:
705          (a) national, state, and local land use policies;
706          (b) environmental quality;
707          (c) economic efficiency;
708          (d) national security;
709          (e) safety;
710          (f) good engineering and technological practices; and
711          (g) wildlife and wildlife habitat impacts.
712          (3) The director shall issue rules in accordance with Title 63G, Chapter 3, Utah
713     Administrative Rulemaking Act, containing the criteria and procedures the DLM shall use in
714     designating such a corridor.
715          (4) An existing transportation or utility corridor may be designated as a transportation
716     or utility corridor without further review.
717          Section 31. Section 63L-8-507 is enacted to read:
718          63L-8-507. General requirements.
719          (1) (a) Each land use authorization granted, issued, or renewed shall be limited to a
720     reasonable term in light of all circumstances concerning the project, not exceeding 5 years.
721          (b) In determining the duration of a land use authorization, the director shall:
722          (i) take into consideration the cost of the facility, the facility's useful life, and any
723     public purpose the facility serves; and
724          (ii) specify whether the land use authorization is or is not renewable and the terms and
725     conditions applicable to the renewal.
726          (2) A land use authorization shall be granted, issued, or renewed:
727          (a) pursuant to this chapter;

728          (b) consistent with rules issued by the DLM in accordance with Title 63G, Chapter 3,
729     Utah Administrative Rulemaking Act; and
730          (c) subject to such terms and conditions as the director prescribes regarding extent,
731     duration, survey, location, construction, maintenance, transfer or assignment, and termination.
732          (3) Before granting or issuing a land use authorization pursuant to this part for a new
733     project that may have a significant impact on the environment, the director shall require the
734     applicant to submit a plan of construction, operation, mitigation, and rehabilitation for the land
735     use authorization.
736          (4) The director shall issue rules, in accordance with Title 63G, Chapter 3, Utah
737     Administrative Rulemaking Act, with respect to the terms and conditions that will be included
738     in a land use authorization.
739          (5) The director shall provide for cost-sharing agreements for the construction and
740     maintenance of land use authorization facilities, pursuant to rules for such arrangements issued
741     by the DLM.
742          (6) Money received for reimbursement of reasonable costs shall be:
743          (a) deposited into the Public Land Management Fund created in Section 63L-8-308;
744     and
745          (b) authorized to be appropriated and made available until expended.
746          (7) (a) The director shall promulgate rules, in accordance with Title 63G, Chapter 3,
747     Utah Administrative Rulemaking Act, specifying the extent to which a holder of a right-of-way
748     may be liable to the state for damage or injury incurred by the state caused by the use and
749     occupancy of the land use authorization.
750          (b) The rules described in Subsection (7)(a) shall also specify the extent to which a
751     holder of a right-of-way shall indemnify or hold harmless the state for liabilities, damages, or
752     claims caused by the use and occupancy of the right-of-way.
753          (8) The director may require a holder of a land use authorization to furnish a bond or
754     other security to secure all or any of the obligations imposed by the terms and conditions of the
755     right-of-way.

756          (9) The director may grant, issue, or renew a land use authorization under this part if
757     the director is satisfied that the applicant has the technical and financial capability to construct
758     the project for which the right-of-way is requested.
759          Section 32. Section 63L-8-508 is enacted to read:
760          63L-8-508. Terms and conditions.
761          Each land use authorization shall contain terms and conditions that:
762          (1) carry out the purposes of this chapter and rules issued under this chapter in
763     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
764          (2) minimize damage to scenic and esthetic values, fish and wildlife habitat, and
765     otherwise protect the environment;
766          (3) require compliance with applicable air and water quality standards established by
767     applicable federal or state law;
768          (4) require compliance with state standards for public health and safety, environmental
769     protection, siting, construction, operation, and maintenance of or for rights-of-way for similar
770     purposes if those standards are more stringent than applicable federal standards; and
771          (5) are necessary to:
772          (a) protect state property and economic interests;
773          (b) efficiently manage the land that is subject to the land use authorization; and
774          (c) protect the other lawful users of the lands adjacent to or traversed by the land that is
775     subject to the land use authorization.
776          Section 33. Section 63L-8-509 is enacted to read:
777          63L-8-509. Suspension or termination -- Grounds -- Procedures applicable.
778          (1) The following are grounds for suspension or termination of a land use
779     authorization:
780          (a) abandonment; or
781          (b) noncompliance with:
782          (i) a provision of this chapter;
783          (ii) an applicable rule established by the DLM in accordance with Title 63G, Chapter 3,

784     Utah Administrative Rulemaking Act; or
785          (iii) a term or condition of the land use authorization.
786          (2) The director may terminate or suspend a land use authorization by providing notice
787     to the land use authorization holder and, if required, an administrative proceeding, upon finding
788     that:
789          (a) a condition described in Subsection (1) has been met; and
790          (b) the suspension or termination serves the best interest of:
791          (i) the citizens of the state; or
792          (ii) a land use plan established pursuant to Section 63L-8-202.
793          (3) The administrative proceeding described in Subsection (2):
794          (a) shall be conducted according to rules established by the DLM, in accordance with
795     Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
796          (b) shall comply with Title 63G, Chapter 4, Administrative Procedures Act; and
797          (c) is not required if the land use authorization, by its terms, terminates on the
798     occurrence of a fixed or agreed-upon condition, event, or time.
799          (4) If the director determines that an immediate temporary suspension of activities
800     within a land use authorization for violation of its terms and conditions is necessary to protect
801     public health or safety or the environment, the director may abate the activities before an
802     administrative proceeding.
803          (5) Before commencing a proceeding to suspend or terminate a land use authorization,
804     the director shall give written notice to the holder of the grounds for suspension or termination.
805          (6) (a) Except as provided in Subsection (6)(b), failure of the land use authorization
806     holder to use the right-of-way for the purpose for which it was granted, issued, or renewed, for
807     any continuous five-year period, shall constitute a rebuttable presumption of abandonment of
808     the right-of-way.
809          (b) Where the failure of the holder to use the land use authorization for the purpose for
810     which it was granted, issued, or renewed for any continuous five-year period is due to
811     circumstances beyond the holder's control, the director is not required to commence

812     proceedings to suspend or terminate the right-of-way.
813          Section 34. Section 63L-8-510 is enacted to read:
814          63L-8-510. Rights-of-way for state departments and agencies.
815          The director may issue a land use authorization upon or under public land to a
816     department or agency of the state, subject to such terms and conditions as the director imposes.
817          Section 35. Section 63L-8-511 is enacted to read:
818          63L-8-511. Applicability.
819          (1) No land use authorization shall be granted, issued, or renewed over, upon, under, or
820     through public land, except as described in this part.
821          (2) Nothing in this part shall be construed to preclude the use of public land covered by
822     this section for a highway purpose.
823          Section 36. Section 63L-8-601 is enacted to read:
Part 6. Contingent Effective Date

825          63L-8-601. Title.
826          This part is known as "Contingent Effective Date."
827          Section 37. Section 63L-8-602 is enacted to read:
828          63L-8-602. Effective date.
829          This chapter becomes effective upon the day the state receives title to at least 100,000
830     acres of public land from the federal government pursuant to Section 63L-6-103.
831          Section 38. Section 79-2-201 is amended to read:
832          79-2-201. Department of Natural Resources created.
833          (1) There is created the Department of Natural Resources.
834          (2) The department comprises the following:
835          (a) Board of Water Resources, created in Section 73-10-1.5;
836          (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
837          (c) Board of Parks and Recreation, created in Section 79-4-301;
838          (d) Wildlife Board, created in Section 23-14-2;
839          (e) Board of the Utah Geological Survey, created in Section 79-3-301;

840          (f) Water Development Coordinating Council, created in Section 73-10c-3;
841          (g) Division of Water Rights, created in Section 73-2-1.1;
842          (h) Division of Water Resources, created in Section 73-10-18;
843          (i) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
844          (j) Division of Oil, Gas, and Mining, created in Section 40-6-15;
845          (k) Division of Parks and Recreation, created in Section 79-4-201;
846          (l) Division of Wildlife Resources, created in Section 23-14-1;
847          (m) Division of Land Management, created in Section 79-6-102;
848          [(m)] (n) Utah Geological Survey, created in Section 79-3-201;
849          [(n)] (o) Heritage Trees Advisory Committee, created in Section 65A-8-306;
850          [(o)] (p) Recreational Trails Advisory Council, authorized by Section 79-5-201;
851          [(p)] (q) Boating Advisory Council, authorized by Section 73-18-3.5;
852          [(q)] (r) Wildlife Board Nominating Committee, created in Section 23-14-2.5; and
853          [(r)] (s) Wildlife Regional Advisory Councils, created in Section 23-14-2.6.
854          Section 39. Section 79-6-101 is enacted to read:

856          79-6-101. Title.
857          This chapter is known as the "Division of Land Management."
858          Section 40. Section 79-6-102 is enacted to read:
859          79-6-102. Creation of the Division of Land Management.
860          (1) There is created a Division of Land Management within the Department of Natural
861     Resources, created in Section 79-2-201.
862          (2) The division shall be staffed:
863          (a) upon the state receiving title to at least 100,000 acres of public land from the
864     federal government pursuant to Section 63L-6-103;
865          (b) as funding is appropriated by the Legislature and allows; and
866          (c) as determined by the director of the Department of Natural Resources.
867          (3) The division may sue and be sued as required to carry out the purposes of this

868     chapter and Title 63L, Chapter 8, Utah Public Land Management Act.
869          Section 41. Section 79-6-103 is enacted to read:
870          79-6-103. Director.
871          (1) Upon the requirements described in Subsection 79-6-102(2) being fulfilled, the
872     executive director of the Department of Natural Resources shall appoint a director of the
873     Division of Land Management, and thereafter hire personnel to staff the division.
874          (2) The director shall:
875          (a) be the executive and administrative head of the Division of Land Management;
876          (b) have demonstrated ability and experience in the administration and management of
877     state or federal lands; and
878          (c) not hold any other public office or be involved in a political party or organization.
879          (3) The director of the Division of Land Management, under administrative direction
880     of the executive director, shall have:
881          (a) executive authority and control of the Division of Land Management; and
882          (b) authority over all personnel matters.
883          Section 42. Section 79-6-104 is enacted to read:
884          79-6-104. Public Land Management Advisory Board.
885          (1) There is created the Public Land Management Advisory Board.
886          (2) The board consists of the following 11 members:
887          (a) the lieutenant governor, or the lieutenant governor's designee;
888          (b) one representative, appointed by the governor, who represents the interests of oil,
889     gas, and mining;
890          (c) one representative, appointed by the governor, who represents the interests of
891     agriculture;
892          (d) one representative, appointed by the governor, who represents the interests of
893     outdoor recreation;
894          (e) one representative, appointed by the governor, who represents the interests of
895     environmental groups;

896          (f) three representatives, appointed by the governor, who represent the interests of
897     county commissioners;
898          (g) one representative, appointed by the governor, who represents the interests of rural
899     transportation;
900          (h) one representative, appointed by the governor, who represents the interests of
901     wildlife management; and
902          (i) one representative, appointed by the governor, who represents the interests of forest
903     management.
904          (3) (a) Members shall be appointed for a term of four years.
905          (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
906     time of appointment or reappointment, adjust the length of terms of the members described in
907     Subsections (2)(b) through (i) to ensure that the terms of board members are staggered so that
908     half of the appointed board is appointed every two years.
909          (4) A member may serve more than one term.
910          (5) A member shall hold office until the expiration of the member's term and until the
911     member's successor is appointed, but not more than 90 days after the expiration of the
912     member's term.
913          (6) When a vacancy occurs in the membership for any reason, a replacement shall be
914     appointed for the unexpired term.
915          (7) The board shall elect annually a chair and a vice chair from the board's members.
916          (8) (a) The board shall meet at least quarterly.
917          (b) Special meetings may be called by the chair upon the chair's own initiative, upon
918     the request of the director, or upon the request of three members of the board.
919          (c) Three days' notice shall be given to each member of the board before a meeting.
920          (9) Six members constitute a quorum at a meeting, and the action of a majority of
921     members present is the action of the board.
922          (10) A member may not receive compensation or benefits for the member's service, but
923     may receive per diem and travel expenses in accordance with:

924          (a) Section 63A-3-106;
925          (b) Section 63A-3-107; and
926          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
927     63A-3-107.
928          Section 43. Section 79-6-105 is enacted to read:
929          79-6-105. Division of Land Management duties.
930          Under the direct supervision of the executive director and in consultation with the
931     board, the division shall manage and administer all public land, as defined in Section
932     63L-8-102, consistent with the procedures, policies, and directives in Title 63L, Chapter 8,
933     Utah Public Land Management Act.