Representative Brady Brammer proposes the following substitute bill:


1     
LAND TRANSFER AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: Daniel Hemmert

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to the duties of the Public Lands Policy
10     Coordinating Office.
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies duties and responsibilities of the Public Lands Policy Coordinating Office
14     and of the public lands policy coordinator;
15          ▸     requires the office and coordinator to:
16               •     develop expertise concerning applications of state and local government entities
17     to the United States Interior Secretary for the sale or lease of federal land to the
18     state and local government entities;
19               •     advise and consult with state and local government entities in the process of
20     submitting applications for the acquisition of federal land;
21               •     establish a prioritization of federal land applications;
22               •     maintain an inventory of applications and decisions on applications; and
23               •     report the activities of the office and coordinator; and
24          ▸     establishes an advisory committee to advise and make recommendations to the
25     office and coordinator.

26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     ENACTS:
32          63J-4-608, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 63J-4-608 is enacted to read:
36          63J-4-608. Facilitating the acquisition of federal land.
37          (1) As used in this section:
38          (a) "Advisory committee" means the committee established under Subsection (3).
39          (b) "Federal land" means land that the secretary is authorized to dispose of under the
40     federal land disposal law.
41          (c) "Federal land disposal law" means the Recreation and Public Purposes Act, 43
42     U.S.C. Sec. 869 et seq.
43          (d) "Government entity" means any state or local government entity allowed to submit
44     a land application under the federal land disposal law.
45          (e) "Land application" means an application under the federal land disposal law
46     requesting the secretary to sell or lease federal land.
47          (f) "Land application process" means all actions involved in the process of submitting
48     and obtaining a final decision on a land application.
49          (g) "Secretary" means the Secretary of the Interior of the United States.
50          (2) The coordinator and the office shall:
51          (a) develop expertise:
52          (i) in the land application process; and
53          (ii) concerning the factors that tend to increase the chances that a land application will
54     result in the secretary selling or leasing federal land as requested in the land application;
55          (b) work to educate government entities concerning:
56          (i) the availability of federal land pursuant to the federal land disposal law; and

57          (ii) the land application process;
58          (c) advise and consult with a government entity that requests assistance from the
59     coordinator or the office to formulate and submit a land application and to pursue a decision on
60     the land application;
61          (d) advise and consult with a government entity that requests assistance from the
62     coordinator or the office to identify and quantify the amount of any funds needed to provide the
63     public use described in a land application;
64          (e) with the advice and recommendations of the advisory committee:
65          (i) adopt a list of factors to be considered in determining the degree to which a land
66     application or potential land application is in the public interest; and
67          (ii) recommend a prioritization of all land applications or potential land applications in
68     the state according to the extent to which the land applications are in the public interest, based
69     on the factors adopted under Subsection (2)(f)(i);
70          (f) prepare and submit a written report of land applications:
71          (i) to the Natural Resources, Agriculture, and Environment Interim Committee and the
72     Commission for the Stewardship of Public Lands;
73          (ii) (A) annually no later than August 31; and
74          (B) at other times, if and as requested by the committee or commission; and
75          (iii) (A) on the activities of the coordinator and the office under this section;
76          (B) on the land applications and potential land applications in the state; and
77          (C) on the decisions of the secretary on land applications submitted by government
78     entities in the state and the quantity of land acquired under the land applications;
79          (g) present a summary of information contained in the report described in Subsection
80     (3)(f):
81          (A) at a meeting of the Natural Resources, Agriculture, and Environment Interim
82     Committee and at a meeting of the Commission for the Stewardship of Public Lands;
83          (B) annually no later than August 31; and
84          (C) at other times, if and as requested by the committee or commission; and
85          (h) report to the Executive Appropriations Committee of the Legislature, as frequently
86     as the coordinator considers appropriate or as requested by the committee, on the need for
87     legislative appropriations to provide funds for the public purposes described in land

88     applications.
89          (3) (a) There is created a committee comprised of:
90          (i) an individual designated by the chairs of the Commission for the Stewardship of
91     Public Lands;
92          (ii) an individual designated by the director of the Division of Facilities Construction
93     and Management;
94          (iii) a representative of the Antiquities Section, created in Section 9-8-304, designated
95     by the director of the Division of State History;
96          (iv) a representative of municipalities designated by the Utah League of Cities and
97     Towns;
98          (v) a representative of counties designated by the Utah Association of Counties;
99          (vi) an individual designated by the Governor's Office of Economic Development; and
100          (vii) an individual designated by the director of the Division of Parks and Recreation,
101     created in Section 79-4-201.
102          (b) The seven members of the advisory committee under Subsection (3)(a) may, by
103     majority vote, appoint up to four additional volunteer members of the advisory committee.
104          (c) The advisory committee shall advise and provide recommendations to the
105     coordinator and the office on:
106          (i) factors the coordinator and office should consider in determining the degree to
107     which a land application or potential land application is in the public interest; and
108          (ii) the prioritization of land applications or potential land applications in the state
109     according to the extent to which the land applications are in the public interest, based on the
110     factors adopted under Subsection (2)(f)(i).
111          (d) A member of the advisory committee may not receive compensation, benefits, or
112     expense reimbursement for the member's service on the advisory committee.
113          (e) The advisory committee may:
114          (i) select a chair from among the advisory committee members; and
115          (ii) meet as often as necessary to perform the advisory committee's duties under this
116     section.
117          (f) The coordinator shall facilitate the convening of the first meeting of the advisory
118     committee.