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7 LONG TITLE
8 General Description:
9 This bill modifies provisions in the Utah Public Land Management Act.
10 Highlighted Provisions:
11 This bill:
12 ▸ states that public land shall be managed, as much as possible, to promote multiple
13 uses of the land, including hunting;
14 ▸ describes the process to sell or exchange a parcel of public land;
15 ▸ states that a county sheriff is the primary law enforcement authority on public land;
16 ▸ creates the prospective Department of Land Management;
17 ▸ describes the procedure to select the director of the Department of Land
18 Management; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 63L-8-102, as enacted by Laws of Utah 2016, Chapter 317
27 63L-8-103, as enacted by Laws of Utah 2016, Chapter 317
28 63L-8-104, as enacted by Laws of Utah 2016, Chapter 317
29 63L-8-105, as enacted by Laws of Utah 2016, Chapter 317
30 63L-8-302, as enacted by Laws of Utah 2016, Chapter 317
31 63L-8-304, as enacted by Laws of Utah 2016, Chapter 317
32 63L-8-308, as enacted by Laws of Utah 2016, Chapter 317
33 63L-8-402, as enacted by Laws of Utah 2016, Chapter 317
34 63L-8-602, as enacted by Laws of Utah 2016, Chapter 317
35 79-2-201, as last amended by Laws of Utah 2016, Chapter 317
36 ENACTS:
37 63L-8-204, Utah Code Annotated 1953
38 RENUMBERS AND AMENDS:
39 63L-9-101, (Renumbered from 79-6-101, as enacted by Laws of Utah 2016, Chapter
40 317)
41 63L-9-102, (Renumbered from 79-6-102, as enacted by Laws of Utah 2016, Chapter
42 317)
43 63L-9-103, (Renumbered from 79-6-103, as enacted by Laws of Utah 2016, Chapter
44 317)
45 63L-9-104, (Renumbered from 79-6-104, as enacted by Laws of Utah 2016, Chapter
46 317)
47 63L-9-105, (Renumbered from 79-6-105, as enacted by Laws of Utah 2016, Chapter
48 317)
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 63L-8-102 is amended to read:
52 63L-8-102. Definitions.
53 As used in this chapter:
54 (1) "Board" means the board created in Section 79-6-104.
55 (2) "Commissioner" means the commissioner of the Department of Agriculture and
56 Food, or the commissioner's designee.
57 (3) "DAF" means the Department of Agriculture and Food.
58 (4) "Director" means the director of the [
59 the director's designee.
60 (5) "DLM" means the [
61 [
62 (6) "Grazing permit" means a document, issued by the [
63 Management, authorizing use of public land for the purpose of grazing domestic livestock.
64 (7) "Land use authorization" means an easement, lease, permit, or license to occupy,
65 use, or traverse public land granted for a particular purpose.
66 (8) "Minerals" means all classes of inorganic material upon, within, or beneath the
67 surface of public land, including silver, gold, copper, lead, zinc, uranium, gemstones, potash,
68 gypsum, clay, salts, sand, rock, gravel, oil, oil shale, oil sands, gas, coal, and all carboniferous
69 materials.
70 (9) "Multiple use" means:
71 (a) the management of the public land and the public land's various resource values so
72 resources are best utilized in the combination that will meet the present and future needs of the
73 citizens of Utah;
74 (b) making the most judicious use of land for some or all of the resources or related
75 services over areas large enough to provide sufficient latitude for periodic adjustments in use to
76 conform to changing needs and conditions;
77 (c) a combination of balanced and diverse resource uses that take into account the
78 long-term needs of future generations for renewable and nonrenewable resources, including
79 recreation, hunting, fishing, trapping, range, timber, minerals, watershed, wildlife and fish, and
80 natural scenic, scientific, and historic values; and
81 (d) harmonious and coordinated management of the various resources without
82 permanent impairment of the productivity of the land and the quality of the environment with
83 consideration being given to the relative values of the resources.
84 (10) "Public land" means any land or land interest:
85 (a) acquired by the state from the federal government pursuant to Section 63L-6-103,
86 except:
87 [
88 Title 63L, Chapter 7, Utah Wilderness Act; and
89 [
90 pursuant to Title 53C, School and Institutional Trust Lands Management Act[
91 (b) for which the state is given management responsibility from the federal government.
92 (11) "Rangeland" means open public land used for grazing domestic livestock.
93 (12) "Sustained yield" means the achievement and maintenance in perpetuity of a
94 high-level annual or regular periodic output of the various renewable resources of the public
95 land consistent with multiple use.
96 (13) "Wilderness" means the same as that term is defined in Section 63L-7-103.
97 Section 2. Section 63L-8-103 is amended to read:
98 63L-8-103. Principal or major use.
99 Each parcel of public land in this state shall be managed, as much as possible, to
100 promote the following principal or major uses of the land, consistent with the principles of
101 multiple use and sustained yield:
102 (1) domestic livestock grazing;
103 (2) fish and wildlife development and utilization, including hunting, fishing, and
104 trapping;
105 (3) mineral exploration and production;
106 (4) rights-of-way;
107 (5) outdoor recreation;
108 (6) timber production; and
109 (7) wilderness conservation.
110 Section 3. Section 63L-8-104 is amended to read:
111 63L-8-104. Declaration of policy -- Sales and exchanges.
112 (1) The Legislature declares that it is the policy of the state that:
113 (a) public land be retained in state ownership consistent with the provisions of this
114 chapter for the enjoyment and betterment of the public and the state;
115 (b) public land may not be sold, except:
116 (i) as consistent with Section 63L-8-204 and the other provisions of this chapter;
117 (ii) as consistent with local land use plans;
118 (iii) with the approval of the director and the board;
119 (iv) after sufficient opportunity for public comment; and
120 (v) for an important public interest;
121 (c) goals and objectives be established by law as guidelines for public land use planning,
122 and that management be on the basis of multiple use and sustained yield, unless otherwise
123 provided by statute; and
124 (d) the public land be managed in a manner that will:
125 (i) recognize the state's need for domestic sources of minerals, food, timber, and fiber;
126 (ii) protect the quality of scientific, scenic, historical, ecological, environmental, air and
127 atmospheric, water resource, and archeological values;
128 (iii) where appropriate, preserve and protect certain public land in its natural condition;
129 (iv) provide food and habitat for fish, wildlife, and domestic animals; and
130 (v) provide for hunting, fishing, trapping, outdoor recreation, human occupancy, and
131 other human use, including the general enjoyment of nature and solitude.
132 (2) All rules made to effectuate the purposes of this chapter shall be made in accordance
133 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
134 Section 4. Section 63L-8-105 is amended to read:
135 63L-8-105. Interdepartmental cooperation.
136 (1) The director, subject to periodic review of the Legislature, may establish programs
137 to conduct projects, planning, permitting, leasing, contracting and other activities on public
138 land.
139 (2) (a) The director shall provide management policies and programs for all uses of
140 public land, including the principal or major uses described in Section 63L-8-103.
141 (b) The director shall consult with the commissioner, who may make recommendations
142 to the director on rangeland management issues on public land, including:
143 (i) determining the number of domestic animals that may be sustained on a tract of land
144 while maintaining that land for wildlife and fish use and future grazing use; and
145 (ii) issuing grazing permits.
146 (c) The director shall consult with other state agencies having management
147 responsibility over natural resources that may be impacted by management decisions and actions
148 on public land, including the Department of Natural Resources, the Department of Agriculture
149 and Food, and the Division of Wildlife Resources.
150 Section 5. Section 63L-8-204 is enacted to read:
151 63L-8-204. Exchanges and sales.
152 (1) (a) It is the policy of this state that exchanges of public land are preferred to any
153 sale of public land, and that when pursuing an exchange, an exchange with the School and
154 Institutional Trust Lands Administration is preferred to an exchange with any other party.
155 (b) If the DLM proposes an exchange of public land for a different parcel of land, the
156 land the DLM seeks to acquire shall be larger in acreage or considered more valuable for one or
157 more of the principal or major uses described in Section 63L-8-103 than the land the DLM is
158 offering in exchange.
159 (c) The state may exchange a parcel of public land with the federal government, the
160 School and Institutional Trust Lands Administration, or a private party for a similarly valued
161 parcel of land if:
162 (i) no more than 1,000 acres of public land is exchanged with the federal government,
163 the School and Institutional Trust Lands Administration, or the private party in one calendar
164 year; or
165 (ii) the exchange is approved by a two-thirds vote of the Legislature.
166 (2) The DLM may execute a sale of a parcel of public land if:
167 (a) the requirements of Subsection 63L-8-104(1)(b) have been met;
168 (b) the following information is made available on the DLM's website for 30 days
169 before the day on which the director executes the sale:
170 (i) the legal description of the parcel;
171 (ii) the local land use plan governing the parcel;
172 (iii) the proposed purchaser of the parcel;
173 (iv) the DLM's findings that the sale will further an important public objective, including
174 expansion of a local community;
175 (v) the minutes or a recording of a meeting in which the public comment was taken on
176 the proposed sale; and
177 (vi) the purchase price, which may not be less than fair market value;
178 (c) the director, having completed the land use planning process described in Section
179 63L-8-202, has determined that the parcel in question:
180 (i) is not suitable for long-term management by the DLM or another state agency
181 because of the parcel's location or other characteristics; and
182 (ii) has minimal value for hunting, fishing, or other outdoor recreation;
183 (d) the parcel is 100 acres or smaller;
184 (e) the director has determined an exchange, as described in Subsection (1), is not
185 possible;
186 (f) a competitive bidding process is used to determine the purchaser of the parcel;
187 (g) the sale is approved by a two-thirds vote of the Legislature; and
188 (h) the sale is approved by the governor.
189 (3) All proceeds of a sale under Subsection (2) shall be:
190 (a) deposited in the Public Land Management Fund created in Section 63L-8-308; and
191 (b) used to:
192 (i) acquire additional land that the DLM has determined would be appropriate for public
193 purposes;
194 (ii) improve existing public land for one or more principal or major uses, as described in
195 Section 63L-8-103; and
196 (iii) increase the utilization of the public land by the public.
197 Section 6. Section 63L-8-302 is amended to read:
198 63L-8-302. Department of Land Management.
199 Except as otherwise provided by law, the [
200 created in Section [
201 implementation of this chapter.
202 Section 7. Section 63L-8-304 is amended to read:
203 63L-8-304. Enforcement authority.
204 (1) The director shall issue rules as necessary to implement the provisions of this
205 chapter with respect to the management, use, and protection of the public land and property
206 located on the public land.
207 (2) At the request of the director, the attorney general may institute a civil action in a
208 district court for an injunction or other appropriate remedy to prevent any person from utilizing
209 public land in violation of this chapter or rules issued by the director under this chapter.
210 (3) The use, occupancy, or development of any portion of the public land contrary to
211 any rule issued by the DLM in accordance with this chapter, and without proper authorization,
212 is unlawful and prohibited.
213 (4) (a) [
214 county sheriff is the primary law enforcement authority with jurisdiction on public land to
215 enforce:
216 (i) all the laws of this state; and
217 (ii) this chapter and rules issued by the director pursuant to Subsection (1).
218 [
219
220
221 (b) The governor may utilize the Department of Public Safety for the purposes of
222 assisting the county sheriff in enforcing:
223 (i) all the laws of this state and this chapter; and
224 (ii) rules issued by the director pursuant to Subsection (1).
225 (c) Conservation officers employed by the Division of Wildlife Resources [
226
227 the laws and regulations under Title 23, Wildlife Resources Code of Utah, for the sake of any
228 protected wildlife.
229 (d) A conservation officer shall work cooperatively with the locally elected county
230 sheriff to enforce the laws and regulations under Title 23, Wildlife Resources Code of Utah, for
231 the sake of protected wildlife.
232 (d) Nothing herein shall be construed as enlarging or diminishing the responsibility or
233 authority of a state certified peace officer in performing the officer's duties on public land.
234 Section 8. Section 63L-8-308 is amended to read:
235 63L-8-308. Public Land Management Fund.
236 (1) There is created an expendable special revenue fund known as the "Public Land
237 Management Fund."
238 (2) The fund shall consist of:
239 (a) fees collected by the DLM under this chapter;
240 (b) money appropriated to the fund by the Legislature;
241 (c) money collected under Section 63L-8-505;
242 (d) money voluntarily donated or contributed to the fund; [
243 (e) proceeds, as described in Subsection 63L-8-104(3); and
244 [
245 (3) The DLM may expend money in the fund on:
246 (a) administration costs;
247 (b) project planning;
248 (c) a payment authorized by this chapter; and
249 (d) other duties required under this chapter, including the acquisition and improvement
250 of public land, as described in Section 63L-8-104.
251 (4) The DLM shall annually expend money in the fund to pay a county in lieu of taxes
252 the county cannot levy on public land owned by the state:
253 (a) in an amount no less than the highest amount ever fully authorized by Congress for
254 payment to the county under the federal Payments in Lieu of Taxes and Secure Rural Schools
255 programs, according to the most recent federal formulas before the effective date of this
256 chapter, as described in Section 63L-8-602; and
257 (b) as funding allows.
258 Section 9. Section 63L-8-402 is amended to read:
259 63L-8-402. Grazing fees -- Feasibility study -- Contents -- Submission of report --
260 Annual distribution and use of range betterment funds -- Nature of distributions.
261 (1) As used in this section:
262 (a) "Animal unit" means one mature 1,000 pound cow and the cow's suckling calf.
263 (b) "Animal unit month" means the amount of forage needed by an animal unit grazing
264 for one month.
265 (c) "Forage" means the food and water necessary to sustain a cow, according to the
266 cow's metabolic weight.
267 [
268 on the public land is deteriorating in quality due to federal mismanagement, and that installation
269 of additional range improvements could arrest much of the continuing deterioration and lead to
270 substantial betterment of forage conditions with resulting benefits to wildlife, watershed
271 protection, and livestock production.
272 [
273
274 accordance with Section 63J-1-504, to be charged for domestic livestock grazing on public land
275 that is equitable to the:
276 [
277 [
278 [
279
280
281 (4) Subject to Subsection (5), the fee described in Subsection (3) shall be:
282 (a) determined using the following indices:
283 (i) the rental charge of pasturing cattle on private rangeland, or the forage value index
284 (FVI);
285 (ii) the average annual sales price of beef cattle, or the beef cattle price index (BCPI);
286 and
287 (iii) the cost of livestock production, or the prices paid index (PPI); and
288 (b) calculated as follows: ((FVI + BCPI - PPI)/100).
289 (5) (a) The minimum grazing fee shall be $1.35 per animal unit month.
290 (b) The annual fee adjustment may not exceed 25% of the grazing fee from the previous
291 fiscal year.
292 [
293 livestock on public land shall be deposited into the Grazing Land Fund created in Section
294 63L-8-310.
295 (b) Fifty percent of money received by the state as fees for grazing domestic livestock
296 on the public land shall be deposited into the Public Land Management Fund created in Section
297 63L-8-308.
298 Section 10. Section 63L-8-602 is amended to read:
299 63L-8-602. Effective date.
300 This chapter becomes effective upon the day the state receives title to at least [
301 250,000 acres of public land from the federal government pursuant to Section 63L-6-103.
302 Section 11. Section 63L-9-101, which is renumbered from Section 79-6-101 is
303 renumbered and amended to read:
304
305 [
306 This chapter is known as the "[
307 Section 12. Section 63L-9-102, which is renumbered from Section 79-6-102 is
308 renumbered and amended to read:
309 [
310 (1) There is created a [
311
312 (2) The [
313 (a) upon the state receiving title to at least [
314 the federal government pursuant to Section 63L-6-103; and
315 (b) as funding [
316 [
317 (3) The [
318 purposes of this chapter and Title 63L, Chapter 8, Utah Public Land Management Act.
319 Section 13. Section 63L-9-103, which is renumbered from Section 79-6-103 is
320 renumbered and amended to read:
321 [
322 (1) Upon the requirements described in Subsection [
323 fulfilled, the [
324 the consent of the Senate, appoint a director of the [
325 Management[
326 (2) The director shall:
327 (a) be the executive and administrative head of the [
328 Management;
329 (b) have demonstrated ability and experience in the administration and management of
330 state or federal lands; [
331 (c) not hold any other public office or be involved in a political party or organization[
332 and
333 (d) hire personnel to staff the department.
334 (3) The director [
335
336 (a) executive authority and control of the [
337 and
338 (b) authority over all personnel matters.
339 Section 14. Section 63L-9-104, which is renumbered from Section 79-6-104 is
340 renumbered and amended to read:
341 [
342 (1) There is created the Public Land Management Advisory Board.
343 (2) The board consists of the following 11 members:
344 (a) the lieutenant governor, or the lieutenant governor's designee;
345 (b) one representative, appointed by the governor, who represents the interests of oil,
346 gas, and mining;
347 (c) one representative, appointed by the governor, who represents the interests of
348 agriculture;
349 (d) one representative, appointed by the governor, who represents the interests of
350 outdoor recreation;
351 (e) one representative, appointed by the governor, who represents the interests of
352 environmental groups;
353 (f) three representatives, appointed by the governor, who represent the interests of
354 county commissioners;
355 (g) one representative, appointed by the governor, who represents the interests of rural
356 transportation;
357 (h) one representative, appointed by the governor, who represents the interests of
358 wildlife management; and
359 (i) one representative, appointed by the governor, who represents the interests of forest
360 management.
361 (3) (a) Members shall be appointed for a term of four years.
362 (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
363 time of appointment or reappointment, adjust the length of terms of the members described in
364 Subsections (2)(b) through (i) to ensure that the terms of board members are staggered so that
365 half of the appointed board is appointed every two years.
366 (4) A member may serve more than one term.
367 (5) A member shall hold office until the expiration of the member's term and until the
368 member's successor is appointed, but not more than 90 days after the expiration of the member's
369 term.
370 (6) When a vacancy occurs in the membership for any reason, a replacement shall be
371 appointed for the unexpired term.
372 (7) The board shall elect annually a chair and a vice chair from the board's members.
373 (8) (a) The board shall meet at least quarterly.
374 (b) Special meetings may be called by the chair upon the chair's own initiative, upon the
375 request of the director, or upon the request of three members of the board.
376 (c) Three days' notice shall be given to each member of the board before a meeting.
377 (9) Six members constitute a quorum at a meeting, and the action of a majority of
378 members present is the action of the board.
379 (10) A member may not receive compensation or benefits for the member's service, but
380 may receive per diem and travel expenses in accordance with:
381 (a) Section 63A-3-106;
382 (b) Section 63A-3-107; and
383 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
384 63A-3-107.
385 Section 15. Section 63L-9-105, which is renumbered from Section 79-6-105 is
386 renumbered and amended to read:
387 [
388 [
389
390 Section 63L-8-102, consistent with the procedures, policies, and directives in Title 63L,
391 Chapter 8, Utah Public Land Management Act.
392 Section 16. Section 79-2-201 is amended to read:
393 79-2-201. Department of Natural Resources created.
394 (1) There is created the Department of Natural Resources.
395 (2) The department comprises the following:
396 (a) Board of Water Resources, created in Section 73-10-1.5;
397 (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
398 (c) Board of Parks and Recreation, created in Section 79-4-301;
399 (d) Wildlife Board, created in Section 23-14-2;
400 (e) Board of the Utah Geological Survey, created in Section 79-3-301;
401 (f) Water Development Coordinating Council, created in Section 73-10c-3;
402 (g) Division of Water Rights, created in Section 73-2-1.1;
403 (h) Division of Water Resources, created in Section 73-10-18;
404 (i) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
405 (j) Division of Oil, Gas, and Mining, created in Section 40-6-15;
406 (k) Division of Parks and Recreation, created in Section 79-4-201;
407 (l) Division of Wildlife Resources, created in Section 23-14-1;
408 [
409 [
410 [
411 [
412 [
413 [
414 [