7 LONG TITLE
8 General Description:
9 This bill modifies provisions relating to state survey monuments.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses the timing for certain notices to the county surveyor; and
13 ▸ modifies the date on which any unused funds appropriated to the Monument
14 Replacement and Restoration Committee shall be distributed to certain counties.
15 Money Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 17-23-14, as last amended by Laws of Utah 2015, Chapter 373
22 63F-1-510, as enacted by Laws of Utah 2015, Chapter 373
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 17-23-14 is amended to read:
26 17-23-14. Disturbed corners -- County surveyor to be notified -- Coordination
27 with certain state agencies.
28 (1) As used in this section:
29 (a) "Committee" means the Monument Replacement and Restoration Committee
30 created in Section 63F-1-510.
33 (2) A person who finds it necessary to disturb any established corner [
34 reason, including the improvement of a road, [
35 surveyor at least five business days before the day on which the person disturbs the corner.
36 (3) A person who finds a monument that needs rehabilitation[
37 surveyor within five business days after the day on which the person finds the monument.
39 (a) consistent with federal law or rule, reconstruct or rehabilitate the monument for the
40 corner by lowering and witnessing the corner or placing another monument and witness over
41 the existing monument so that the monument:
42 (i) is left in a physical condition to remain as permanent a monument as is reasonably
43 possible; and
44 (ii) may be reasonably located at all times in the future; and
45 (b) file the record of each reconstruction or rehabilitation under Subsection [
46 Section 2. Section 63F-1-510 is amended to read:
47 63F-1-510. Monument Replacement and Restoration Committee.
48 (1) As used in this section:
49 (a) "Committee" means the Monument Replacement and Restoration Committee
50 created in this section.
51 (b) "Corner" means the same as that term is defined in Section 17-23-17.5.
52 (c) "Monument" means the same as that term is defined in Section 17-23-17.5.
53 (2) (a) There is created the Monument Replacement and Restoration Committee
54 composed of the following seven members:
55 (i) five members appointed by an organization or association that represents Utah
57 (A) that have knowledge and understanding of the Public Land Survey System; and
58 (B) who each represents a different county; and
59 (ii) two members, appointed by the center, who have a knowledge and understanding
60 of the Public Land Survey System.
61 (b) (i) Except as provided in Subsection (2)(b)(ii), a member appointed to the
62 committee is appointed for a four-year term.
63 (ii) The director of the center shall, at the time an entity appoints or reappoints an
64 individual to serve on the committee, adjust the length of the appointed individual's term, as
65 necessary, to ensure that the terms of committee members are staggered so that approximately
66 half of the committee members are appointed every two years.
67 (iii) When a vacancy occurs on the committee for any reason, the replacement
68 appointee shall serve on the committee for the unexpired term.
69 (c) The committee shall elect one committee member to serve as chair of the
70 committee for a term of two years.
71 (d) A majority of the committee constitutes a quorum, and the action of a majority of a
72 quorum constitutes the action of the committee.
73 (e) (i) The center shall provide staff support to the committee.
74 (ii) An individual who is a member of the committee may not serve as staff to the
76 (f) A member of the committee may not receive compensation for the member's service
77 on the committee.
78 (g) The committee may adopt bylaws to govern the committee's operation.
79 (3) (a) The committee shall administer a grant program to assist counties in
80 maintaining and protecting corners or monuments.
81 (b) A county wishing to receive a grant under the program described in Subsection
82 (3)(a) shall submit to the committee an application that:
83 (i) identifies one or more monuments in the county that are in need of protection or
85 (ii) establishes a plan that is consistent with federal law or rule to protect or rehabilitate
86 each monument identified under Subsection (3)(b)(i); and
87 (iii) requests a specific amount of funding to complete the plan established under
88 Subsection (3)(b)(ii).
89 (c) The committee shall:
90 (i) adopt criteria to:
91 (A) evaluate whether a monument identified by a county under Subsection (3)(b)(i)
92 needs protection or rehabilitation; and
93 (B) identify which monuments identified by a county under Subsection (3)(b)(i) have
94 the greatest need of protection or rehabilitation;
95 (ii) evaluate each application submitted by a county under Subsection (3)(b) using the
96 criteria adopted by the committee under Subsection (3)(c)(i);
97 (iii) subject to sufficient funding and Subsection (3)(d), award grants to counties whose
98 applications are most favorably evaluated under Subsection (3)(c)(ii); and
99 (iv) establish a date by which a county awarded a grant under Subsection (3)(c)(iii)
100 shall report back to the committee.
101 (d) The committee may not award a grant to a county under this section in an amount
102 greater than $100,000.
103 (4) A county that is awarded a grant under this section shall:
104 (a) document the work performed by the county, pursuant to the plan established by the
105 county under Subsection (3)(b)(ii), to protect or rehabilitate a monument; and
106 (b) before the date established under Subsection (3)(c)(iv), report to the committee on
107 the work performed by the county.
108 (5) (a) If the committee has not expended all of the funds appropriated to the
109 committee by the Legislature for the fulfillment of the committee's duties under this section
110 before December 31, [
111 among all counties that have established a dedicated monument preservation fund by ordinance
112 as provided in Section 17-23-19.
113 (b) A county to which the center has disbursed funds under Subsection (5)(a) shall:
114 (i) deposit the funds into the county's monument preservation fund; and
115 (ii) expend the funds, in consultation with the committee, for the maintenance and
116 preservation of monuments in the county.