This document includes House Floor Amendments incorporated into the bill on Tue, Jan 29, 2019 at 12:06 PM by Ahamilton.
This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Wed, Jan 30, 2019 at 10:34 AM by pflowers.1
7 LONG TITLE
8 Committee Note:
9 The Natural Resources, Agriculture, and Environment Interim Committee
10 recommended this bill.
11 General Description:
12 This bill creates the State Monuments Act.
13 Highlighted Provisions:
14 This bill:
15 ▸ defines terms;
16 ▸ requires the Division of State Parks and Recreation to:
17 • periodically evaluate and report on state property for state monument status; and
18 • create rules for the management of prospective state monuments;
19 ▸ requires the Division of State Parks and Recreation to prepare a proposal in the
20 event that the Division of State Parks and Recreation determines that a state
21 monument designation is appropriate; and
22 ▸ outlines the process for designating a state monument.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 79-4-1201, Utah Code Annotated 1953
30 79-4-1202, Utah Code Annotated 1953
31 79-4-1203, Utah Code Annotated 1953
32 79-4-1204, Utah Code Annotated 1953
33 79-4-1205, Utah Code Annotated 1953
34 79-4-1206, Utah Code Annotated 1953
35 79-4-1207, Utah Code Annotated 1953
36 79-4-1208, Utah Code Annotated 1953
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 79-4-1201 is enacted to read:
41 79-4-1201. Title.
42 This part is known as the "State Monuments Act."
43 Section 2. Section 79-4-1202 is enacted to read:
44 79-4-1202. Definitions.
45 As used in this section:
46 (1) "Committee" means the Natural Resources, Agriculture, and Environment Interim
47 Committee or the House or Senate Natural Resources, Agriculture, and Environment Standing
49 (2) "State monument" means public land:
50 (a) owned Ĥ→ or managed ←Ĥ by the state;
51 (b) designated by the state for preservation of a historic landmark, historic or
52 prehistoric structure, geologic formation, cultural site, or archeological resource; and
53 (c) confined to the smallest area compatible with proper care and management of the
54 historic landmark, historic or prehistoric structure, geologic formation, cultural site, or
55 archeological resource to be protected.
56 Section 3. Section 79-4-1203 is enacted to read:
57 79-4-1203. Division duties.
58 (1) (a) The division shall periodically:
59 (i) evaluate state property for potential designation as a state monument; and
60 (ii) report the results of the evaluation described in subsection (1)(a)(i) to the
62 (b) The division may:
63 (i) evaluate private and federal land with the potential to be purchased by, transferred
64 to, or leased to, the state for potential designation as a state monument; and
65 (ii) enter into negotiations with the relevant federal agency or private entity to pursue
66 the transfer, sale, or lease of federal land for the proposed state monument, as appropriations
68 (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
69 Administrative Rulemaking Act, for the administration of a state monument, subject to valid
70 existing rights and Section 79-4-1208.
71 Section 4. Section 79-4-1204 is enacted to read:
72 79-4-1204. County proposal.
73 A county may evaluate the land within the county's jurisdictional boundaries to
74 determine if a parcel is appropriate for state monument designation.
75 Section 5. Section 79-4-1205 is enacted to read:
76 79-4-1205. Report.
77 (1) (a) If the division determines a state property is appropriate for state monument
78 designation, the director shall submit a written proposal to the committee outlining the
79 division's determination.
80 (b) The division shall submit the written proposal described in Subsection (1)(a) to the
81 county commission or county council of any county that will contain some or all of the
82 proposed monument within the county's geographic borders.
83 (c) Within 45 days of the day on which a county commission or county council
84 receives a written proposal from the division, the county commission or county council shall:
85 (i) pass a resolution stating the county commission or county council's support or
86 opposition to the proposed monument; and
87 (ii) submit the resolution to the committee.
88 (2) (a) Within 90 days of the day on which the committee receives a written proposal,
89 and subject to Subsections (2)(b) and (4), the committee shall vote to either recommend the
90 proposal to the Legislature or return the proposal to the division for further study and
92 (b) If the county commission or county council opposes the proposal through
93 resolution, as described in Subsection (1)(c), the committee may not take action.
94 (3) (a) If a county determines that a parcel within the county's jurisdictional boundaries
95 is appropriate for state monument designation, as described in Section 79-4-1204, the county
97 (i) pass a resolution in support of designation; and
98 (ii) submit the resolution in support of designation to the division and the committee.
99 (b) Within 45 days of the day on which the division receives a county resolution in
100 support of a state monument, the division shall prepare a report accepting or rejecting the
101 county's proposal, including an analysis of the state's financial cost of maintaining the proposed
102 state monument, and submit that report to the committee. Ĥ→ The financial analysis shall include
102a identifying an ongoing funding source to ensure costs associated with maintaining and
102b protecting the state monument are available. ←Ĥ
103 (c) Within 90 days of the day on which the committee receives the report described in
104 Subsection (3)(b), and subject to Subsection (4), the committee shall vote to either recommend
105 the proposal to the Legislature or reject the proposal.
106 (4) If a proposed state monument falls within the jurisdictional boundaries of a city or
107 town, and the city or town passes a resolution in opposition to designation of the state
108 monument, the committee may not take action.
109 (5) If a proposed state monument falls within state land managed by a state agency
110 other than the division Ĥ→ [
110a (a) ←Ĥ the division shall consult with the managing state agency regarding the
111 monument designation proposal Ĥ→ [
111a (b) the committee may not recommend the proposal to the Legislature if designating the state
111b land may cause the managing state agency to breach a fiduciary, contractual, or other legal
111c obligation governing management or use of the state land. ←Ĥ
112 Section 6. Section 79-4-1206 is enacted to read:
113 79-4-1206. Designation.
114 A state monument is created by the approval of the Legislature and the governor
115 through concurrent resolution.
116 Section 7. Section 79-4-1207 is enacted to read:
117 79-4-1207. Management committee.
118 (1) Once a state monument is created, as described in Section 79-4-1206, the board
119 shall appoint a management committee to assist the division in:
120 (a) making rules for the state monument; or
121 (b) the creation of any management plan or changes to a management plan governing
122 the state monument.
123 (2) The management committee shall represent state and local interests as well as
125 (3) In appointing the management committee, the board shall include:
126 (a) one conservationist Ĥ→ , if relevant to the particular state monument ←Ĥ ;
127 (b) one recreationist Ĥ→ , if relevant to the particular state monument ←Ĥ ;
128 (c) one cultural representative, if relevant to the particular state monument;
129 (d) one energy and mining representative, if relevant to the particular state monument;
130 (e) one small business owner, if relevant to the particular state monument;
131 (f) one farming or ranching representative, if relevant to the particular state monument;
132 (g) one county elected official; and
133 (h) one legislator whose district, in full or in part, covers the monument.
134 (4) The board shall consider geographic diversity in appointing the members described
135 in Subsection (3), and include at least one resident from each county covered by the monument,
136 with no county having majority representation if the state monument covers two or more
138 (5) (a) Compensation and expenses of a member of the management committee who is
139 a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
140 Compensation and Expenses.
141 (b) Other management committee members shall receive no compensation or expenses
142 for the members' service on the committee.
143 (6) The division shall provide staff support to the committee, except as provided in
144 Section 79-4-1208.
145 Section 8. Section 79-4-1208 is enacted to read:
146 79-4-1208. Management.
147 (1) Subject to Subsection (2), the division Ĥ→ [
147a management of a
148 state monument Ĥ→ or contract with another organization, agency, or entity for management
148a services ←Ĥ .
149 (2) Upon Title 63L, Chapter 8, Utah Public Land Management Act, becoming effective
150 as described in Section 63L-8-602, the government entity responsible for management of the
151 public lands shall:
152 (a) be responsible for the management of a state monument; and
153 (b) provide staff support to a management committee created in Section 79-4-1207.