This document includes House Committee Amendments incorporated into the bill on Tue, Feb 20, 2018 at 12:14 PM by bbryner.
Representative Steve Eliason proposes the following substitute bill:




Chief Sponsor: Steve Eliason

Senate Sponsor: David P. Hinkins


8     General Description:
9           This bill creates the State Monuments Act.
10     Highlighted Provisions:
11          This bill:
12          ▸      defines terms;
13          ▸     requires the Division of State Parks and Recreation to:
14               •     annually evaluate and report on state property for state monument status; and
15               •     create rules for the management of prospective state monuments;
16          ▸     requires the Division of State Parks and Recreation to prepare a proposal in the
17     event that the Division of State Parks and Recreation determines that a state
18     monument designation is appropriate; and
19          ▸     outlines the process for designating a state monument.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:

26          79-4-1201, Utah Code Annotated 1953
27          79-4-1202, Utah Code Annotated 1953
28          79-4-1203, Utah Code Annotated 1953
29          79-4-1204, Utah Code Annotated 1953
30          79-4-1205, Utah Code Annotated 1953
31          79-4-1206, Utah Code Annotated 1953
32          79-4-1207, Utah Code Annotated 1953
33          79-4-1208, Utah Code Annotated 1953

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 79-4-1201 is enacted to read:
Part 12. State Monuments Act

38          79-4-1201. Title.
39          This part is known as the "State Monuments Act."
40          Section 2. Section 79-4-1202 is enacted to read:
41          79-4-1202. Definitions.
42          As used in this section:
43          (1) "Committee" means the Natural Resources, Agriculture, and Environment Interim
44     Committee or the House or Senate Natural Resources, Agriculture, and Environment Standing
45     Committee.
46          (2) "State monument" means public land:
47          (a) owned by the state;
48          (b) designated by the state for preservation of a historic landmark, historic or
49     prehistoric structure, geologic formation, cultural site, or archeological resource; and
50          (c) confined to the smallest area compatible with proper care and management of the
51     historic landmark, historic or prehistoric structure, geologic formation, cultural site, or
52     archeological resource to be protected.
53          Section 3. Section 79-4-1203 is enacted to read:
54          79-4-1203. Division duties.
55          (1) (a) The division shall annually:
56          (i) evaluate state property for potential designation as a state monument; and

57          (ii) report the results of its evaluation to the committee before November 30 of each
58     year.
59          (b) The division may:
60          (i) evaluate private Ĥ→ land, school and institutional trust land, ←Ĥ and federal land
60a     with the potential to be purchased by, transferred
61     to, or leased to, the state for potential designation as a state monument; and
62          (ii) enter into negotiations with the relevant federal agency Ĥ→ , School and Institutional
62a     Trust Lands Administration, ←Ĥ or private entity to pursue
63     the transfer, sale, or lease of federal land for the proposed state monument, as appropriations
64     allow.
65          (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
66     Administrative Rulemaking Act, for the administration of a state monument, subject to valid
67     existing rights and Section 79-4-1208.
68          Section 4. Section 79-4-1204 is enacted to read:
69          79-4-1204. County proposal.
70          A county may evaluate the land within the county's jurisdictional boundaries to
71     determine if a parcel is appropriate for state monument designation.
72          Section 5. Section 79-4-1205 is enacted to read:
73          79-4-1205. Report.
74          (1) (a) If the division determines a state property is appropriate for state monument
75     designation, the director shall submit a written proposal to the committee outlining the
76     division's determination.
77          (b) Ĥ→ [
If the proposed monument is greater than 25 acres in size, the] The ←Ĥ division
77a     shall also
78     submit the written proposal described in Subsection (1)(a) to the county commission or county
79     council of any county that will contain some or all of the proposed monument within the
80     county's geographic borders.
81          (c) Within 45 days of the day on which a county commission or county council
82     receives a written proposal from the division, the county commission or county council shall:
83          (i) pass a resolution, stating the county commission or county council's support or
84     opposition to the proposed monument; and
85          (ii) submit the resolution to the committee.
86          (2) (a) Within 90 days of the day on which the committee receives a written proposal,
87     and subject to Subsections (2)(b) and (4), the committee shall vote to either recommend the

88     proposal to the Legislature or return the proposal to the division for further study and
89     evaluation.
90          (b) If the county commission or county council opposes the proposal through
91     resolution, as described in Subsection (1)(c), the committee may not take action.
92          (3) (a) If a county determines that a parcel within the county's jurisdictional boundaries
93     is appropriate for state monument designation, as described in Section 79-4-1204, the county
94     shall:
95          (i) pass a resolution in support of designation; and
96          (ii) submit the resolution in support of designation to the division and the committee.
97          (b) Within 45 days of the day on which the division receives a county resolution in
98     support of a state monument, the division shall prepare a report accepting or rejecting the
99     county's proposal, including an analysis of the state's financial cost of maintaining the proposed
100     state monument, and submit that report to the committee.
101          (c) Within 90 days of the day on which the committee receives the report described in
102     Subsection (3)(b), and subject to Subsection (4), the committee shall vote to either recommend
103     the proposal to the Legislature or reject the proposal.
104          (4) If a proposed state monument falls within the jurisdictional boundaries of a city or
105     town, and the city or town passes a resolution in opposition to designation of the state
106     monument, the committee may not take action.
107          (5) If a proposed state monument falls within state land managed by a state agency
108     other than the division Ĥ→ [
,] :
108a           (a) ←Ĥ the division shall consult with the managing state agency regarding the
109     monument designation proposal Ĥ→ [
.] ; and
109a          (b) the committee may not take action to designate the state land when doing so may
109b     cause the managing state agency to breach a fiduciary, contractual, or other legal obligation
109c     governing management or use of the state land. ←Ĥ
110          Section 6. Section 79-4-1206 is enacted to read:
111          79-4-1206. Designation.
112          A state monument is created by the approval of the Legislature and the governor
113     through concurrent resolution.
114          Section 7. Section 79-4-1207 is enacted to read:
115          79-4-1207. Management committee.
116          (1) Once a state monument is created, as described in Section 79-4-1206, the board
117     shall appoint a management committee to assist the division in:
118          (a) making rules for the state monument; or

119          (b) the creation of any management plan or changes to a management plan governing
120     the state monument.
121          (2) The management committee shall represent state and local interests as well as
122     stakeholders.
123          (3) In appointing the management committee, the board shall include:
124          (a) one conservationist;
125          (b) one recreationist;
126          (c) one cultural representative, if relevant to the particular state monument;
127          (d) one energy and mining representative, if relevant to the particular state monument;
128          (e) one small business owner, if relevant to the particular state monument;
129          (f) one farming or ranching representative, if relevant to the particular state monument;
130          (g) one county elected official; and
131          (h) one legislator whose district, in full or in part, covers the monument.
132          (4) The board shall consider geographic diversity in appointing the members described
133     in Subsection (3), and include at least one resident from each county covered by the monument,
134     with no county having majority representation if the state monument covers two or more
135     counties.
136          (5) (a) Compensation and expenses of a member of the management committee who is
137     a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
138     Compensation and Expenses.
139          (b) Other management committee members shall receive no compensation or expenses
140     for the members' service on the committee.
141          (6) The division shall provide staff support to the committee, except as provided in
142     Section 79-4-1208.
143          Section 8. Section 79-4-1208 is enacted to read:
144          79-4-1208. Management.
145          (1) Subject to Subsection (2), the division shall be responsible for the management of a
146     state monument.
147          (2) Upon Title 63L, Chapter 8, Utah Public Land Management Act, becoming effective
148     as described in Section 63L-8-602, the government entity responsible for management of the
149     public lands shall:

150          (a) be responsible for the management of a state monument; and
151          (b) provide staff support to a management committee created in Section 79-4-1207.