1     
STATE PLANNING AGENCIES AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Robert M. Spendlove

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to state planning agencies.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions relating to the Governor's Office of Management and Budget,
13     the Public Lands Policy Coordinating Office, the state planning coordinator, and the
14     Resource Development Coordinating Committee;
15          ▸     changes the name of the Governor's Office of Management and Budget to the
16     Governor's Office of Planning and Budget;
17          ▸     moves the Public Lands Policy Coordinating Office to be within the Department of
18     Natural Resources;
19          ▸     modifies compensation and retirement provisions relating to the executive director
20     and employees of the Public Lands Policy Coordinating Office;
21          ▸     repeals language relating to the Employability to Careers Program within the
22     Governor's Office of Management and Budget;
23          ▸     replaces the state planning coordinator with the executive director of the renamed
24     Governor's Office of Planning and Budget on the board of the Homeless
25     Coordinating Committee;
26          ▸     modifies the date for the submission of an estimate of ongoing General Fund
27     revenue that involves the renamed Governor's Office of Planning and Budget;
28          ▸     provides for the state planning coordinator to be appointed by the executive director

29     of the Governor's Office of Planning and Budget rather than by the governor;
30          ▸     eliminates the responsibility of the state planning coordinator to oversee and
31     supervise the activities and duties of the public lands policy coordinator;
32          ▸     modifies the roles of the state planning coordinator and the Public Lands Policy
33     Coordinating Office; and
34          ▸     makes technical changes.
35     Money Appropriated in this Bill:
36          This bill appropriates in fiscal year 2022:
37          ▸     to the Public Lands Policy Coordinating Office:
38               •     from General Fund, ($2,685,100)
39               •     from General Fund, One-Time ($5,100)
40               •     from General Fund Restricted - Constitutional Defense, ($1,227,300)
41               •     from General Fund Restricted - Constitutional Defense, One-Time, ($2,300)
42               •     from Beginning Nonlapsing Balances, ($2,559,900)
43               •     from Closing Nonlapsing Balances, $2,189,900
44          ▸     to the Department of Natural Resources - Public Lands Policy Coordinating Office
45               •     from General Fund, $2,685,100
46               •     from General Fund, One-Time, $5,100
47               •     from General Fund Restricted - Constitutional Defense, $1,227,300
48               •     from General Fund Restricted - Constitutional Defense, One-Time, $2,300
49               •     from Beginning Nonlapsing Balances, $2,559,900
50               •     from Closing Nonlapsing Balances, ($2,189,900)
51     Other Special Clauses:
52          This bill provides a special effective date.
53          This bill provides revisor instructions.
54          This bill provides coordination clauses.
55     Utah Code Sections Affected:

56     AMENDS:
57          4-20-103, as renumbered and amended by Laws of Utah 2017, Chapter 345
58          11-38-201, as last amended by Laws of Utah 2020, Chapter 352
59          11-38-203, as last amended by Laws of Utah 2013, Chapter 310
60          17B-1-106, as last amended by Laws of Utah 2013, Chapter 445
61          23-14-21, as last amended by Laws of Utah 2008, Chapter 382
62          23-21-2.3, as last amended by Laws of Utah 2008, Chapter 382
63          26-18-405.5, as enacted by Laws of Utah 2015, Chapter 288
64          32B-2-505, as enacted by Laws of Utah 2018, Chapter 329
65          35A-1-109, as last amended by Laws of Utah 2018, Chapter 423
66          35A-1-201, as last amended by Laws of Utah 2020, Chapter 352
67          35A-8-601, as last amended by Laws of Utah 2018, Chapters 251 and 312
68          36-2-4, as last amended by Laws of Utah 2013, Chapter 310
69          49-11-406, as last amended by Laws of Utah 2020, Chapter 24
70          49-12-203, as last amended by Laws of Utah 2020, Chapters 24 and 365
71          49-20-410, as last amended by Laws of Utah 2018, Chapter 155
72          49-22-205, as last amended by Laws of Utah 2020, Chapter 24
73          51-10-202, as enacted by Laws of Utah 2015, Chapter 319
74          53-2c-201, as enacted by Laws of Utah 2020, Third Special Session, Chapter 1
75          53-17-402, as enacted by Laws of Utah 2015, Chapter 166
76          53B-2a-110, as last amended by Laws of Utah 2020, Chapter 365
77          53F-2-205, as last amended by Laws of Utah 2020, Chapter 330
78          53F-2-208, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 14
79          53F-2-601, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 14
80          53F-9-201, as last amended by Laws of Utah 2020, Chapters 207 and 354
81          54-3-28, as last amended by Laws of Utah 2013, Chapter 445
82          59-1-403, as last amended by Laws of Utah 2020, Chapter 294

83          59-1-403.1, as enacted by Laws of Utah 2018, Chapter 4
84          59-15-109, as last amended by Laws of Utah 2019, Chapter 336
85          62A-15-612, as last amended by Laws of Utah 2013, Chapters 17 and 310
86          63A-1-114, as last amended by Laws of Utah 2018, Chapter 137
87          63A-1-203, as renumbered and amended by Laws of Utah 2019, Chapter 370
88          63A-5b-201, as enacted by Laws of Utah 2020, Chapter 152
89          63A-5b-702, as enacted by Laws of Utah 2020, Chapter 152
90          63B-2-301, as last amended by Laws of Utah 2020, Chapter 152
91          63B-3-301, as last amended by Laws of Utah 2019, Chapter 61
92          63B-4-201, as last amended by Laws of Utah 2020, Chapter 152
93          63B-4-301, as last amended by Laws of Utah 2013, Chapter 310
94          63C-4a-308, as renumbered and amended by Laws of Utah 2019, Chapter 246
95          63C-4a-402, as last amended by Laws of Utah 2016, Chapter 378
96          63C-9-301, as last amended by Laws of Utah 2016, Chapters 215 and 245
97          63C-20-103, as enacted by Laws of Utah 2018, Chapter 330
98          63C-20-105, as enacted by Laws of Utah 2018, Chapter 330
99          63F-1-104, as last amended by Laws of Utah 2020, Chapter 94
100          63F-1-302, as last amended by Laws of Utah 2016, Chapter 287
101          63F-1-508, as last amended by Laws of Utah 2013, Chapter 310
102          63F-3-103, as last amended by Laws of Utah 2020, Chapter 270
103          63F-4-102, as enacted by Laws of Utah 2018, Chapter 144
104          63G-2-305, as last amended by Laws of Utah 2020, Chapters 112, 198, 339, 349, 382,
105     and 393
106          63G-3-301, as last amended by Laws of Utah 2020, Chapter 408
107          63G-25-202, as enacted by Laws of Utah 2020, Chapter 319
108          63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
109     303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws

110     of Utah 2020, Chapter 360
111          63I-2-263, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
112          63J-1-105, as last amended by Laws of Utah 2019, Chapter 182
113          63J-1-201, as last amended by Laws of Utah 2020, Chapter 152
114          63J-1-205, as last amended by Laws of Utah 2014, Chapter 430
115          63J-1-209, as last amended by Laws of Utah 2018, Chapter 469
116          63J-1-217, as last amended by Laws of Utah 2018, Chapter 469
117          63J-1-220, as last amended by Laws of Utah 2019, Chapters 136 and 293
118          63J-1-411, as last amended by Laws of Utah 2013, Chapter 310
119          63J-1-504, as last amended by Laws of Utah 2018, Chapter 229
120          63J-1-602.1, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
121          63J-3-102, as last amended by Laws of Utah 2018, Chapter 415
122          63J-3-103, as last amended by Laws of Utah 2020, Chapters 152 and 365
123          63J-3-202, as last amended by Laws of Utah 2013, Chapter 310
124          63J-4-101, as last amended by Laws of Utah 2013, Chapter 310
125          63J-4-102, as last amended by Laws of Utah 2013, Chapter 310
126          63J-4-201, as last amended by Laws of Utah 2013, Chapter 310
127          63J-4-202, as last amended by Laws of Utah 2013, Chapters 12 and 310
128          63J-4-301, as last amended by Laws of Utah 2018, Chapters 423 and 469
129          63J-4-401, as last amended by Laws of Utah 2013, Chapter 101
130          63J-5-201, as last amended by Laws of Utah 2013, Chapter 310
131          63J-5-202, as last amended by Laws of Utah 2016, Chapter 272
132          63J-7-201, as last amended by Laws of Utah 2013, Chapter 310
133          63J-8-102, as last amended by Laws of Utah 2017, Chapter 181
134          63J-8-104, as last amended by Laws of Utah 2014, Chapter 328
135          63J-8-105.2, as enacted by Laws of Utah 2015, Chapter 88
136          63J-8-105.5, as last amended by Laws of Utah 2015, Chapter 88

137          63J-8-105.7, as last amended by Laws of Utah 2014, Chapter 321
138          63J-8-105.8, as last amended by Laws of Utah 2018, Chapter 50
139          63J-8-105.9, as last amended by Laws of Utah 2015, Chapter 87
140          63J-8-106, as repealed and reenacted by Laws of Utah 2012, Chapter 165
141          63L-2-301, as last amended by Laws of Utah 2020, Chapter 168
142          63L-10-102, as last amended by Laws of Utah 2019, Chapter 246
143          63N-1-203, as last amended by Laws of Utah 2018, Chapter 423
144          63N-1-301, as last amended by Laws of Utah 2020, Chapter 365
145          63N-2-107, as last amended by Laws of Utah 2016, Chapter 350
146          63N-2-811, as renumbered and amended by Laws of Utah 2015, Chapter 283
147          63N-3-111, as last amended by Laws of Utah 2018, Chapter 182
148          63N-9-104, as last amended by Laws of Utah 2016, Chapter 88
149          64-13e-105, as last amended by Laws of Utah 2020, Chapter 410
150          67-4-16, as last amended by Laws of Utah 2013, Chapter 310
151          67-5-34, as enacted by Laws of Utah 2016, Chapter 120
152          67-19-11, as last amended by Laws of Utah 2016, Chapters 228, 287 and last amended
153     by Coordination Clause, Laws of Utah 2016, Chapter 287
154          67-19-15, as last amended by Laws of Utah 2020, Chapter 360
155          67-19-43, as last amended by Laws of Utah 2016, Chapter 310
156          67-19d-202, as last amended by Laws of Utah 2013, Chapter 310
157          67-19f-202, as last amended by Laws of Utah 2015, Chapter 368
158          67-22-2, as last amended by Laws of Utah 2018, Chapter 39
159          79-2-201, as last amended by Laws of Utah 2020, Chapters 190 and 309
160     ENACTS:
161          63L-11-101, Utah Code Annotated 1953
162          63L-11-103, Utah Code Annotated 1953
163          63L-11-301, Utah Code Annotated 1953

164          63L-11-302, Utah Code Annotated 1953
165          63L-11-303, Utah Code Annotated 1953
166     RENUMBERS AND AMENDS:
167          63L-11-102, (Renumbered from 63J-4-601, as last amended by Laws of Utah 2009,
168     Chapter 121)
169          63L-11-201, (Renumbered from 63J-4-602, as last amended by Laws of Utah 2020,
170     Chapter 352)
171          63L-11-202, (Renumbered from 63J-4-603, as last amended by Laws of Utah 2018,
172     Chapter 411)
173          63L-11-203, (Renumbered from 63J-4-607, as last amended by Laws of Utah 2020,
174     Chapter 434)
175          63L-11-304, (Renumbered from 63J-4-606, as last amended by Laws of Utah 2019,
176     Chapter 246)
177          63L-11-305, (Renumbered from 63J-4-608, as last amended by Laws of Utah 2020,
178     Chapter 354)
179          63L-11-401, (Renumbered from 63J-4-501, as last amended by Laws of Utah 2013,
180     Chapter 310)
181          63L-11-402, (Renumbered from 63J-4-502, as last amended by Laws of Utah 2015,
182     Chapter 451)
183          63L-11-403, (Renumbered from 63J-4-503, as last amended by Laws of Utah 2009,
184     Chapter 121)
185          63L-11-404, (Renumbered from 63J-4-504, as renumbered and amended by Laws of
186     Utah 2008, Chapter 382)
187          63L-11-405, (Renumbered from 63J-4-505, as renumbered and amended by Laws of
188     Utah 2008, Chapter 382)
189     REPEALS:
190          63J-4-701, as enacted by Laws of Utah 2017, Chapter 253

191          63J-4-702, as last amended by Laws of Utah 2020, Chapter 352
192          63J-4-703, as enacted by Laws of Utah 2017, Chapter 253
193          63J-4-704, as enacted by Laws of Utah 2017, Chapter 253
194          63J-4-705, as enacted by Laws of Utah 2017, Chapter 253
195          63J-4-706, as enacted by Laws of Utah 2017, Chapter 253
196          63J-4-707, as enacted by Laws of Utah 2017, Chapter 253
197          63J-4-708, as last amended by Laws of Utah 2018, Chapter 423
198     Utah Code Sections Affected by Coordination Clause:
199          63I-1-263, as last amended by Laws of Utah 2020, Chapters 82, 152, 154, 199, 230,
200     303, 322, 336, 354, 360, 375, 405 and last amended by Coordination Clause, Laws
201     of Utah 2020, Chapter 360
202          63J-4-202, as last amended by Laws of Utah 2013, Chapters 12 and 310
203          63L-11-402, Utah Code Annotated 1953
204     Uncodified Material Affected:
205     ENACTS UNCODIFIED MATERIAL
206     

207     Be it enacted by the Legislature of the state of Utah:
208          Section 1. Section 4-20-103 is amended to read:
209          4-20-103. State Grazing Advisory Board -- Duties.
210          (1) (a) There is created within the department the State Grazing Advisory Board.
211          (b) The commissioner shall appoint the following members:
212          (i) one member from each regional board;
213          (ii) one member from the Conservation Commission, created in Section 4-18-104;
214          (iii) one representative of the Department of Natural Resources;
215          (iv) two livestock producers at-large; and
216          (v) one representative of the oil, gas, or mining industry.
217          (2) The term of office for a state board member is four years.

218          (3) Members of the state board shall elect a chair, who shall serve for two years.
219          (4) A member may not receive compensation or benefits for the member's service but
220     may receive per diem and travel expenses in accordance with:
221          (a) Section 63A-3-106;
222          (b) Section 63A-3-107; and
223          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
224     63A-3-107.
225          (5) The state board shall:
226          (a) receive:
227          (i) advice and recommendations from a regional board concerning:
228          (A) management plans for public lands, state lands, and school and institutional trust
229     lands as defined in Section 53C-1-103, within the regional board's region; and
230          (B) any issue that impacts grazing on private lands, public lands, state lands, or school
231     and institutional trust lands as defined in Section 53C-1-103, in its region; and
232          (ii) requests for restricted account money from the entities described in Subsections
233     (5)(c)(i) through (iv);
234          (b) recommend state policy positions and cooperative agency participation in federal
235     and state land management plans to the department and to the Public Lands Policy
236     Coordinating Office, created under Section [63J-4-602] 63L-11-201; and
237          (c) advise the department on the requests and recommendations of:
238          (i) regional boards;
239          (ii) county weed control boards, created in Section 4-17-105;
240          (iii) cooperative weed management associations; and
241          (iv) conservation districts created under the authority of Title 17D, Chapter 3,
242     Conservation District Act.
243          Section 2. Section 11-38-201 is amended to read:
244          11-38-201. Quality Growth Commission -- Term of office -- Vacancy --

245     Organization -- Expenses -- Staff.
246          (1) (a) There is created a Quality Growth Commission consisting of:
247          (i) the director of the Department of Natural Resources;
248          (ii) the commissioner of the Department of Agriculture and Food;
249          (iii) six elected officials at the local government level, three of whom may not be
250     residents of a county of the first or second class; and
251          (iv) five persons from the profit and nonprofit private sector, two of whom may not be
252     residents of a county of the first or second class and no more than three of whom may be from
253     the same political party and one of whom shall be from the residential construction industry,
254     nominated by the Utah Home Builders Association, and one of whom shall be from the real
255     estate industry, nominated by the Utah Association of Realtors.
256          (b) (i) The director of the Department of Natural Resources and the commissioner of
257     the Department of Agriculture and Food may not assume their positions on the commission
258     until:
259          (A) after May 1, 2005; and
260          (B) the term of the respective predecessor in office, who is a state government level
261     appointee, expires.
262          (ii) The term of a commission member serving on May 1, 2005 as one of the six
263     elected local officials or five private sector appointees may not be shortened because of
264     application of the restriction under Subsections (1)(a)(iii) and (iv) on the number of appointees
265     from counties of the first or second class.
266          (2) (a) Each commission member appointed under Subsection (1)(a)(iii) or (iv) shall be
267     appointed by the governor with the advice and consent of the Senate.
268          (b) The governor shall select three of the six members under Subsection (1)(a)(iii) from
269     a list of names provided by the Utah League of Cities and Towns, and shall select the
270     remaining three from a list of names provided by the Utah Association of Counties.
271          (c) Two of the persons appointed under Subsection (1) shall be from the agricultural

272     community from a list of names provided by Utah farm organizations.
273          (3) (a) The term of office of each member is four years, except that the governor shall
274     appoint one of the persons at the state government level, three of the persons at the local
275     government level, and two of the persons under Subsection (1)(a)(iv) to an initial two-year
276     term.
277          (b) No member of the commission may serve more than two consecutive four-year
278     terms.
279          (4) Each mid-term vacancy shall be filled for the unexpired term in the same manner as
280     an appointment under Subsection (2).
281          (5) Commission members shall elect a chair from their number and establish rules for
282     the organization and operation of the commission.
283          (6) A member may not receive compensation or benefits for the member's service, but
284     may receive per diem and travel expenses in accordance with:
285          (a) Section 63A-3-106;
286          (b) Section 63A-3-107; and
287          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
288     63A-3-107.
289          (7) A member is not required to give bond for the performance of official duties.
290          (8) Staff services to the commission:
291          (a) shall be provided by the Governor's Office of [Management] Planning and Budget;
292     and
293          (b) may be provided by local entities through the Utah Association of Counties and the
294     Utah League of Cities and Towns, with funds approved by the commission from those
295     identified as available to local entities under Subsection 11-38-203(1)(a).
296          Section 3. Section 11-38-203 is amended to read:
297          11-38-203. Commission may provide assistance to local entities.
298          The commission may:

299          (1) from funds appropriated to the Governor's Office of [Management] Planning and
300     Budget by the Legislature for this purpose, grant money to local entities to help them obtain the
301     technical assistance they need to:
302          (a) conduct workshops or public hearings or use other similar methods to obtain public
303     input and participation in the process of identifying for that entity the principles of quality
304     growth referred to in Subsection 11-38-202(1)(f);
305          (b) identify where and how quality growth areas could be established within the local
306     entity; and
307          (c) develop or modify the local entity's general plan to incorporate and implement the
308     principles of quality growth developed by the local entity and to establish quality growth areas;
309     and
310          (2) require each local entity to which the commission grants money under Subsection
311     (1) to report to the commission, in a format and upon a timetable determined by the
312     commission, on that local entity's process of developing quality growth principles and on the
313     quality growth principles developed by that local entity.
314          Section 4. Section 17B-1-106 is amended to read:
315          17B-1-106. Notice before preparing or amending a long-range plan or acquiring
316     certain property.
317          (1) As used in this section:
318          (a) (i) "Affected entity" means each county, municipality, local district under this title,
319     special service district, school district, interlocal cooperation entity established under Title 11,
320     Chapter 13, Interlocal Cooperation Act, and specified public utility:
321          (A) whose services or facilities are likely to require expansion or significant
322     modification because of an intended use of land; or
323          (B) that has filed with the local district a copy of the general or long-range plan of the
324     county, municipality, local district, school district, interlocal cooperation entity, or specified
325     public utility.

326          (ii) "Affected entity" does not include the local district that is required under this
327     section to provide notice.
328          (b) "Specified public utility" means an electrical corporation, gas corporation, or
329     telephone corporation, as those terms are defined in Section 54-2-1.
330          (2) (a) If a local district under this title located in a county of the first or second class
331     prepares a long-range plan regarding its facilities proposed for the future or amends an already
332     existing long-range plan, the local district shall, before preparing a long-range plan or
333     amendments to an existing long-range plan, provide written notice, as provided in this section,
334     of its intent to prepare a long-range plan or to amend an existing long-range plan.
335          (b) Each notice under Subsection (2)(a) shall:
336          (i) indicate that the local district intends to prepare a long-range plan or to amend a
337     long-range plan, as the case may be;
338          (ii) describe or provide a map of the geographic area that will be affected by the
339     long-range plan or amendments to a long-range plan;
340          (iii) be:
341          (A) sent to each county in whose unincorporated area and each municipality in whose
342     boundaries is located the land on which the proposed long-range plan or amendments to a
343     long-range plan are expected to indicate that the proposed facilities will be located;
344          (B) sent to each affected entity;
345          (C) sent to the Automated Geographic Reference Center created in Section 63F-1-506;
346          (D) sent to each association of governments, established pursuant to an interlocal
347     agreement under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or
348     municipality described in Subsection (2)(b)(iii)(A) is a member; and
349          (E) (I) placed on the Utah Public Notice Website created under Section 63F-1-701, if
350     the local district:
351          (Aa) is required under Subsection 52-4-203(3) to use that website to provide public
352     notice of a meeting; or

353          (Bb) voluntarily chooses to place notice on that website despite not being required to
354     do so under Subsection (2)(b)(iii)(E)(I)(Aa); or
355          (II) the state planning coordinator appointed under Section [63J-4-202] 63J-4-401, if
356     the local district does not provide notice on the Utah Public Notice Website under Subsection
357     (2)(b)(iii)(E)(I);
358          (iv) with respect to the notice to counties and municipalities described in Subsection
359     (2)(b)(iii)(A) and affected entities, invite them to provide information for the local district to
360     consider in the process of preparing, adopting, and implementing the long-range plan or
361     amendments to a long-range plan concerning:
362          (A) impacts that the use of land proposed in the proposed long-range plan or
363     amendments to a long-range plan may have on the county, municipality, or affected entity; and
364          (B) uses of land that the county, municipality, or affected entity is planning or
365     considering that may conflict with the proposed long-range plan or amendments to a long-range
366     plan; and
367          (v) include the address of an Internet website, if the local district has one, and the name
368     and telephone number of a person where more information can be obtained concerning the
369     local district's proposed long-range plan or amendments to a long-range plan.
370          (3) (a) Except as provided in Subsection (3)(d), each local district intending to acquire
371     real property in a county of the first or second class for the purpose of expanding the district's
372     infrastructure or other facilities used for providing the services that the district is authorized to
373     provide shall provide written notice, as provided in this Subsection (3), of [its] the district's
374     intent to acquire the property if the intended use of the property is contrary to:
375          (i) the anticipated use of the property under the county or municipality's general plan;
376     or
377          (ii) the property's current zoning designation.
378          (b) Each notice under Subsection (3)(a) shall:
379          (i) indicate that the local district intends to acquire real property;

380          (ii) identify the real property; and
381          (iii) be sent to:
382          (A) each county in whose unincorporated area and each municipality in whose
383     boundaries the property is located; and
384          (B) each affected entity.
385          (c) A notice under this Subsection (3) is a protected record as provided in Subsection
386     63G-2-305(8).
387          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the local district
388     previously provided notice under Subsection (2) identifying the general location within the
389     municipality or unincorporated part of the county where the property to be acquired is located.
390          (ii) If a local district is not required to comply with the notice requirement of
391     Subsection (3)(a) because of application of Subsection (3)(d)(i), the local district shall provide
392     the notice specified in Subsection (3)(a) as soon as practicable after its acquisition of the real
393     property.
394          Section 5. Section 23-14-21 is amended to read:
395          23-14-21. Transplants of big game, turkeys, wolves, or sensitive species.
396          (1) The division may transplant big game, turkeys, wolves, or sensitive species only in
397     accordance with:
398          (a) a list of sites for the transplant of a particular species that is prepared and adopted in
399     accordance with Subsections (2) through (5);
400          (b) a species management plan, such as a deer or elk management plan adopted under
401     Section 23-16-7 or a recovery plan for a threatened or endangered species, provided that:
402          (i) the plan identifies sites for the transplant of the species or the lands or waters the
403     species are expected to occupy; and
404          (ii) the public has had an opportunity to comment and make recommendations on the
405     plan; or
406          (c) a legal agreement between the state and a tribal government that identifies potential

407     transplants; and
408          (d) the Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
409          (2) The division shall:
410          (a) consult with the landowner in determining the suitability of a site for the transplant
411     of a species;
412          (b) prepare a list of proposed sites for the transplant of species;
413          (c) provide notification of proposed sites for the transplant of species to:
414          (i) local government officials having jurisdiction over areas that may be affected by a
415     transplant; and
416          (ii) the Resource Development Coordinating Committee created in Section [63J-4-501]
417     63L-11-401.
418          (3) After receiving comments from local government officials and the Resource
419     Development Coordinating Committee, the division shall submit the list of proposed transplant
420     sites, or a revised list, to regional advisory councils for regions that may be affected by the
421     transplants of species.
422          (4) Each regional advisory council reviewing a list of proposed sites for the transplant
423     of species may submit recommendations to the Wildlife Board.
424          (5) The Wildlife Board shall approve, modify, or reject each proposal for the transplant
425     of a species.
426          (6) Each list of proposed transplant sites approved by the Wildlife Board shall have a
427     termination date after which a transplant may not occur.
428          Section 6. Section 23-21-2.3 is amended to read:
429          23-21-2.3. Review and adoption of management plans.
430          (1) The division shall submit the draft management plan to the Resource Development
431     Coordinating Committee created in Section [63J-4-501] 63L-11-401 and the Habitat Council
432     created by the division for their review and recommendations.
433          (2) The division shall submit the draft management plan and any recommendations

434     received from the Resource Development Coordinating Committee and the Habitat Council to:
435          (a) the regional advisory council for the wildlife region in which the lands covered by
436     the management plan are located; and
437          (b) the regional advisory council for any wildlife region that may be affected by the
438     management plan.
439          (3) Each regional advisory council reviewing the draft management plan may make
440     recommendations to the division director.
441          (4) The division director has authority to adopt the management plan, adopt the plan
442     with amendments, or reject the plan.
443          (5) At the request of the division director or any member of the Wildlife Board, the
444     Wildlife Board may review a management plan to determine whether the plan is consistent
445     with board policies.
446          (6) The division director may amend a management plan in accordance with
447     recommendations made by the Wildlife Board.
448          Section 7. Section 26-18-405.5 is amended to read:
449          26-18-405.5. Base budget appropriations for Medicaid accountable care
450     organizations.
451          (1) For purposes of this section:
452          (a) "ACOs" means accountable care organizations.
453          (b) "Base budget" means the same as that term is defined in legislative rule.
454          (c) "Current fiscal year PMPM" means per-member-per-month funding for Medicaid
455     accountable care organizations under the Department of Health in the current fiscal year.
456          (d) "General Fund growth factor" means the amount determined by dividing the next
457     fiscal year ongoing General Fund revenue estimate by current fiscal year ongoing
458     appropriations from the General Fund.
459          (e) "Next fiscal year ongoing General Fund revenue estimate" means the next fiscal
460     year ongoing General Fund revenue estimate identified by the Executive Appropriations

461     Subcommittee, in accordance with legislative rule, for use by the Office of the Legislative
462     Fiscal Analyst in preparing budget recommendations.
463          (f) "Next fiscal year PMPM" means per-member-per-month funding for Medicaid
464     accountable care organizations under the Department of Health for the next fiscal year.
465          (2) If the General Fund growth factor is less than 100%, the next fiscal year base
466     budget shall include an appropriation to the Department of Health for Medicaid ACOs in an
467     amount necessary to ensure that next fiscal year PMPM equals current fiscal year PMPM
468     multiplied by 100%.
469          (3) If the General Fund growth factor is greater than or equal to 100%, but less than
470     102%, the next fiscal year base budget shall include an appropriation to the Department of
471     Health for Medicaid ACOs in an amount necessary to ensure that next fiscal year PMPM
472     equals current fiscal year PMPM multiplied by the General Fund growth factor.
473          (4) If the General Fund growth factor is greater than or equal to 102%, the next fiscal
474     year base budget shall include an appropriation to the Department of Health for Medicaid
475     ACOs in an amount necessary to ensure that next fiscal year PMPM is greater than or equal to
476     PMPM multiplied by 102% and less than or equal to current fiscal year PMPM multiplied by
477     the General Fund growth factor.
478          (5) In order for the department to estimate the impact of Subsections (2) through (4)
479     prior to identification of the next fiscal year ongoing General Fund revenue estimate under
480     Subsection (1)(e), the Governor's Office of [Management] Planning and Budget shall, in
481     cooperation with the Office of the Legislative Fiscal Analyst, develop an estimate of ongoing
482     General Fund revenue for the next fiscal year and provide it to the department no later than
483     [September] November 1 of each year.
484          Section 8. Section 32B-2-505 is amended to read:
485          32B-2-505. Reporting requirements -- Building plan and market survey required
486     -- Department performance measures.
487          (1) In 2018 and each year thereafter, the department shall present a five-year building

488     plan to the Infrastructure and General Government Appropriations Subcommittee that
489     describes the department's anticipated property acquisition, building, and remodeling for the
490     five years following the day on which the department presents the five-year building plan.
491          (2) (a) In 2018 and every other year thereafter, the department shall complete a market
492     survey to inform the department's five-year building plan described in Subsection (1).
493          (b) The department shall:
494          (i) provide a copy of each market survey to the Infrastructure and General Government
495     Appropriations Subcommittee and the Business and Labor Interim Committee; and
496          (ii) upon request, appear before the Infrastructure and General Government
497     Appropriations Subcommittee to present the results of the market survey.
498          (3) For fiscal year 2018-19 and each fiscal year thereafter, before the fiscal year begins,
499     the Governor's Office of [Management] Planning and Budget, in consultation with the
500     department and the Office of the Legislative Fiscal Analyst, shall establish performance
501     measures and goals to evaluate the department's operations during the fiscal year.
502          (4) (a) The department may not submit a request to the State Building Board for a
503     capital development project unless the department first obtains approval from the Governor's
504     Office of [Management] Planning and Budget.
505          (b) In determining whether to grant approval for a request described in Subsection
506     (4)(a), the Governor's Office of [Management] Planning and Budget shall evaluate the extent to
507     which the department met the performance measures and goals described in Subsection (3)
508     during the previous fiscal year.
509          Section 9. Section 35A-1-109 is amended to read:
510          35A-1-109. Annual report -- Content -- Format.
511          (1) The department shall prepare and submit to the governor and the Legislature, by
512     October 1 of each year, an annual written report of the operations, activities, programs, and
513     services of the department, including its divisions, offices, boards, commissions, councils, and
514     committees, for the preceding fiscal year.

515          (2) For each operation, activity, program, or service provided by the department, the
516     annual report shall include:
517          (a) a description of the operation, activity, program, or service;
518          (b) data and metrics:
519          (i) selected and used by the department to measure progress, performance,
520     effectiveness, and scope of the operation, activity, program, or service, including summary
521     data; and
522          (ii) that are consistent and comparable for each state operation, activity, program, or
523     service that primarily involves employment training or placement as determined by the
524     executive directors of the department, the Governor's Office of Economic Development, and
525     the Governor's Office of [Management] Planning and Budget;
526          (c) budget data, including the amount and source of funding, expenses, and allocation
527     of full-time employees for the operation, activity, program, or service;
528          (d) historical data from previous years for comparison with data reported under
529     Subsections (2)(b) and (c);
530          (e) goals, challenges, and achievements related to the operation, activity, program, or
531     service;
532          (f) relevant federal and state statutory references and requirements;
533          (g) contact information of officials knowledgeable and responsible for each operation,
534     activity, program, or service; and
535          (h) other information determined by the department that:
536          (i) may be needed, useful, or of historical significance; or
537          (ii) promotes accountability and transparency for each operation, activity, program, or
538     service with the public and elected officials.
539          (3) The annual report shall be designed to provide clear, accurate, and accessible
540     information to the public, the governor, and the Legislature.
541          (4) The department shall:

542          (a) submit the annual report in accordance with Section 68-3-14;
543          (b) make the annual report, and previous annual reports, accessible to the public by
544     placing a link to the reports on the department's website; and
545          (c) provide the data and metrics described in Subsection (2)(b) to the Talent Ready
546     Utah Board created in Section 63N-12-503.
547          Section 10. Section 35A-1-201 is amended to read:
548          35A-1-201. Executive director -- Appointment -- Removal -- Compensation --
549     Qualifications -- Responsibilities -- Deputy directors.
550          (1) (a) The chief administrative officer of the department is the executive director, who
551     is appointed by the governor with the advice and consent of the Senate.
552          (b) The executive director serves at the pleasure of the governor.
553          (c) The executive director shall receive a salary established by the governor within the
554     salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
555          (d) The executive director shall be experienced in administration, management, and
556     coordination of complex organizations.
557          (2) The executive director shall:
558          (a) administer and supervise the department in compliance with Title 67, Chapter 19,
559     Utah State Personnel Management Act;
560          (b) supervise and coordinate between the economic service areas and directors created
561     under Chapter 2, Economic Service Areas;
562          (c) coordinate policies and program activities conducted through the divisions and
563     economic service areas of the department;
564          (d) approve the proposed budget of each division, the Workforce Appeals Board, and
565     each economic service area within the department;
566          (e) approve all applications for federal grants or assistance in support of any
567     department program;
568          (f) coordinate with the executive directors of the Governor's Office of Economic

569     Development and the Governor's Office of [Management] Planning and Budget to review data
570     and metrics to be reported to the Legislature as described in Subsection 35A-1-109(2)(b); and
571          (g) fulfill such other duties as assigned by the Legislature or as assigned by the
572     governor that are not inconsistent with this title.
573          (3) The executive director may appoint deputy or assistant directors to assist the
574     executive director in carrying out the department's responsibilities.
575          (4) The executive director shall at least annually provide for the sharing of information
576     between the advisory councils established under this title.
577          Section 11. Section 35A-8-601 is amended to read:
578          35A-8-601. Creation.
579          (1) There is created within the division the Homeless Coordinating Committee.
580          (2) (a) The committee shall consist of the following members :
581          (i) the lieutenant governor or the lieutenant governor's designee;
582          (ii) the [state planning coordinator or the coordinator's designee] executive director of
583     the Governor's Office of Planning and Budget or the executive director's designee;
584          (iii) the state superintendent of public instruction or the superintendent's designee;
585          (iv) the chair of the board of trustees of the Utah Housing Corporation or the chair's
586     designee;
587          (v) the executive director of the Department of Workforce Services or the executive
588     director's designee;
589          (vi) the executive director of the Department of Corrections or the executive director's
590     designee;
591          (vii) the executive director of the Department of Health or the executive director's
592     designee;
593          (viii) the executive director of the Department of Human Services or the executive
594     director's designee;
595          (ix) the mayor of Salt Lake City or the mayor's designee;

596          (x) the mayor of Salt Lake County or the mayor's designee;
597          (xi) the mayor of Ogden or the mayor's designee;
598          (xii) the mayor of Midvale or the mayor's designee;
599          (xiii) the mayor of St. George or the mayor's designee; and
600          (xiv) the mayor of South Salt Lake or the mayor's designee.
601          (b) (i) The lieutenant governor shall serve as the chair of the committee.
602          (ii) The lieutenant governor may appoint a vice chair from among committee members,
603     who shall conduct committee meetings in the absence of the lieutenant governor.
604          (3) The governor may appoint as members of the committee:
605          (a) representatives of local governments, local housing authorities, local law
606     enforcement agencies;
607          (b) representatives of federal and private agencies and organizations concerned with
608     the homeless, persons with a mental illness, the elderly, single-parent families, persons with a
609     substance use disorder, and persons with a disability; and
610          (c) a resident of Salt Lake County.
611          (4) (a) Except as required by Subsection (4)(b), as terms of current committee members
612      appointed under Subsection (3) expire, the governor shall appoint each new member or
613     reappointed member to a four-year term.
614          (b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
615     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
616     committee members are staggered so that approximately half of the committee is appointed
617     every two years.
618          (c) A member appointed under Subsection (3) may not be appointed to serve more than
619     three consecutive terms.
620          (5) When a vacancy occurs in the membership for any reason, the replacement is
621     appointed for the unexpired term.
622          (6) A member may not receive compensation or benefits for the member's service, but

623     may receive per diem and travel expenses in accordance with:
624          (a) Section 63A-3-106;
625          (b) Section 63A-3-107; and
626          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
627     63A-3-107.
628          Section 12. Section 36-2-4 is amended to read:
629          36-2-4. Legislative Compensation Commission created -- Governor's
630     considerations in appointments -- Organization and expenses.
631          (1) There is created a state Legislative Compensation Commission composed of seven
632     members appointed by the governor, not more than four of whom shall be from the same
633     political party.
634          (2) (a) Except as required by Subsection (2)(b), the members shall be appointed for
635     four-year terms.
636          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
637     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
638     board members are staggered so that approximately half of the board is appointed every two
639     years.
640          (c) When a vacancy occurs in the membership for any reason, the replacement shall be
641     appointed for the unexpired term in the same manner as the vacated member was chosen.
642          (3) In appointing members of the commission, the governor shall give consideration to
643     achieving representation from the major geographic areas of the state, and representation from
644     a broad cross section of occupational, professional, employee, and management interests.
645          (4) The commission shall select a chair. Four members of the commission shall
646     constitute a quorum. The commission shall not make any final determination without the
647     concurrence of a majority of [its] the commission's members appointed and serving on the
648     commission being present.
649          (5) A member may not receive compensation or benefits for the member's service, but

650     may receive per diem and travel expenses in accordance with:
651          (a) Section 63A-3-106;
652          (b) Section 63A-3-107; and
653          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
654     63A-3-107.
655          (6) (a) The commission shall be a citizen commission and no member or employee of
656     the legislative, judicial, or executive branch is eligible for appointment to the commission.
657          (b) The executive director of the Governor's Office of [Management] Planning and
658     Budget:
659          (i) shall provide staff to the commission; and
660          (ii) is responsible for administration, budgeting, procurement, and related management
661     functions for the commission.
662          Section 13. Section 49-11-406 is amended to read:
663          49-11-406. Governor's appointed executives and senior staff -- Appointed
664     legislative employees -- Transfer of value of accrued defined benefit -- Procedures.
665          (1) As used in this section:
666          (a) "Defined benefit balance" means the total amount of the contributions made on
667     behalf of a member to a defined benefit system plus refund interest.
668          (b) "Senior staff" means an at-will employee who reports directly to an elected official,
669     executive director, or director and includes a deputy director and other similar, at-will
670     employee positions designated by the governor, the speaker of the House, or the president of
671     the Senate and filed with the Department of Human Resource Management and the Utah State
672     Retirement Office.
673          (2) In accordance with this section and subject to requirements under federal law and
674     rules made by the board, a member who has service credit from a system may elect to be
675     exempt from coverage under a defined benefit system and to have the member's defined benefit
676     balance transferred from the defined benefit system or plan to a defined contribution plan in the

677     member's own name if the member is:
678          (a) the state auditor;
679          (b) the state treasurer;
680          (c) an appointed executive under Subsection 67-22-2(1)(a);
681          (d) an employee in the Governor's Office;
682          (e) senior staff in the Governor's Office of [Management] Planning and Budget;
683          (f) senior staff in the Governor's Office of Economic Development;
684          (g) senior staff in the Commission on Criminal and Juvenile Justice;
685          (h) senior staff in the Public Lands Policy Coordinating Office, created in Section
686     63L-11-201;
687          [(h)] (i) a legislative employee appointed under Subsection 36-12-7(3)(a); or
688          [(i)] (j) a legislative employee appointed by the speaker of the House of
689     Representatives, the House of Representatives minority leader, the president of the Senate, or
690     the Senate minority leader[; or].
691          [(j) senior staff of the Utah Science Technology and Research Initiative created under
692     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act.]
693          (3) An election made under Subsection (2):
694          (a) is final, and no right exists to make any further election;
695          (b) is considered a request to be exempt from coverage under a defined benefits
696     system; and
697          (c) shall be made on forms provided by the office.
698          (4) The board shall adopt rules to implement and administer this section.
699          Section 14. Section 49-12-203 is amended to read:
700          49-12-203. Exclusions from membership in system.
701          (1) The following employees are not eligible for service credit in this system:
702          (a) subject to the requirements of Subsection (2), an employee whose employment
703     status is temporary in nature due to the nature or the type of work to be performed;

704          (b) except as provided under Subsection (3)(a), an employee of an institution of higher
705     education who participates in a retirement system with a public or private retirement system,
706     organization, or company designated by the Utah Board of Higher Education, or the technical
707     college board of trustees for an employee of each technical college, during any period in which
708     required contributions based on compensation have been paid on behalf of the employee by the
709     employer;
710          (c) an employee serving as an exchange employee from outside the state for an
711     employer who has not elected to make all of the employer's exchange employees eligible for
712     service credit in this system;
713          (d) an executive department head of the state, a member of the State Tax Commission,
714     the Public Service Commission, and a member of a full-time or part-time board or commission
715     who files a formal request for exemption;
716          (e) an employee of the Department of Workforce Services who is covered under
717     another retirement system allowed under Title 35A, Chapter 4, Employment Security Act;
718          (f) an employee who is employed on or after July 1, 2009, with an employer that has
719     elected, prior to July 1, 2009, to be excluded from participation in this system under Subsection
720     49-12-202(2)(c);
721          (g) an employee who is employed on or after July 1, 2014, with an employer that has
722     elected, prior to July 1, 2014, to be excluded from participation in this system under Subsection
723     49-12-202(2)(d);
724          (h) an employee who is employed with a withdrawing entity that has elected under
725     Section 49-11-623, prior to January 1, 2017, to exclude:
726          (i) new employees from participation in this system under Subsection 49-11-623(3)(a);
727     or
728          (ii) all employees from participation in this system under Subsection 49-11-623(3)(b);
729     or
730          (i) an employee described in Subsection (1)(i)(i) or (ii) who is employed with a

731     withdrawing entity that has elected under Section 49-11-624, before January 1, 2018, to
732     exclude:
733          (i) new employees from participation in this system under Subsection 49-11-624(3)(a);
734     or
735          (ii) all employees from participation in this system under Subsection 49-11-624(3)(b).
736          (2) If an employee whose status is temporary in nature due to the nature of type of
737     work to be performed:
738          (a) is employed for a term that exceeds six months and the employee otherwise
739     qualifies for service credit in this system, the participating employer shall report and certify to
740     the office that the employee is a regular full-time employee effective the beginning of the
741     seventh month of employment; or
742          (b) was previously terminated prior to being eligible for service credit in this system
743     and is reemployed within three months of termination by the same participating employer, the
744     participating employer shall report and certify that the member is a regular full-time employee
745     when the total of the periods of employment equals six months and the employee otherwise
746     qualifies for service credits in this system.
747          (3) (a) Upon cessation of the participating employer contributions, an employee under
748     Subsection (1)(b) is eligible for service credit in this system.
749          (b) Notwithstanding the provisions of Subsection (1)(f), any eligibility for service
750     credit earned by an employee under this chapter before July 1, 2009 is not affected under
751     Subsection (1)(f).
752          (c) Notwithstanding the provisions of Subsection (1)(g), any eligibility for service
753     credit earned by an employee under this chapter before July 1, 2014, is not affected under
754     Subsection (1)(g).
755          (4) Upon filing a written request for exemption with the office, the following
756     employees shall be exempt from coverage under this system:
757          (a) a full-time student or the spouse of a full-time student and individuals employed in

758     a trainee relationship;
759          (b) an elected official;
760          (c) an executive department head of the state, a member of the State Tax Commission,
761     a member of the Public Service Commission, and a member of a full-time or part-time board or
762     commission;
763          (d) an employee of the Governor's Office of [Management] Planning and Budget;
764          (e) an employee of the Governor's Office of Economic Development;
765          (f) an employee of the Commission on Criminal and Juvenile Justice;
766          (g) an employee of the Governor's Office;
767          (h) an employee of the Public Lands Policy Coordinating Office, created in Section
768     63L-11-201;
769          [(h)] (i) an employee of the State Auditor's Office;
770          [(i)] (j) an employee of the State Treasurer's Office;
771          [(j)] (k) any other member who is permitted to make an election under Section
772     49-11-406;
773          [(k)] (l) a person appointed as a city manager or chief city administrator or another
774     person employed by a municipality, county, or other political subdivision, who is an at-will
775     employee;
776          [(l)] (m) an employee of an interlocal cooperative agency created under Title 11,
777     Chapter 13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily
778     provided through membership in a labor organization that provides retirement benefits to [its]
779     the organization's members; and
780          [(m)] (n) an employee serving as an exchange employee from outside the state for an
781     employer who has elected to make all of the employer's exchange employees eligible for
782     service credit in this system.
783          (5) (a) Each participating employer shall prepare and maintain a list designating those
784     positions eligible for exemption under Subsection (4).

785          (b) An employee may not be exempted unless the employee is employed in an
786     exempted position designated by the participating employer.
787          (6) (a) In accordance with this section, Section 49-13-203, and Section 49-22-205, a
788     municipality, county, or political subdivision may not exempt a total of more than 50 positions
789     or a number equal to 10% of the eligible employees of the municipality, county, or political
790     subdivision, whichever is less.
791          (b) A municipality, county, or political subdivision may exempt at least one regular
792     full-time employee.
793          (7) Each participating employer shall:
794          (a) maintain a list of employee exemptions; and
795          (b) update the employee exemptions in the event of any change.
796          (8) The office may make rules to implement this section.
797          (9) An employee's exclusion, exemption, participation, or election described in this
798     section:
799          (a) shall be made in accordance with this section; and
800          (b) is subject to requirements under federal law and rules made by the board.
801          Section 15. Section 49-20-410 is amended to read:
802          49-20-410. High deductible health plan -- Health savings account --
803     Contributions.
804          (1) (a) In addition to other employee benefit plans offered under Subsection
805     49-20-201(1), the office shall offer at least one federally qualified high deductible health plan
806     with a health savings account as an optional health plan.
807          (b) The provisions and limitations of the plan shall be:
808          (i) determined by the office in accordance with federal requirements and limitations;
809     and
810          (ii) designed to promote appropriate health care utilization by consumers, including
811     preventive health care services.

812          (c) A state employee hired on or after July 1, 2011, who is offered a plan under
813     Subsection 49-20-202(1)(a), shall be enrolled in a federally qualified high deductible health
814     plan unless the employee chooses a different health benefit plan during the employee's open
815     enrollment period.
816          (2) The office shall:
817          (a) administer the high deductible health plan in coordination with a health savings
818     account for medical expenses for each covered individual in the high deductible health plan;
819          (b) offer to all employees training regarding all health plans offered to employees;
820          (c) prepare online training as an option for the training required by Subsections (2)(b)
821     and (4);
822          (d) ensure the training offered under Subsections (2)(b) and (c) includes information on
823     changing coverages to the high deductible plan with a health savings account, including
824     coordination of benefits with other insurances, restrictions on other insurance coverages, and
825     general tax implications; and
826          (e) coordinate annual open enrollment with the Department of Human Resource
827     Management to give state employees the opportunity to affirmatively select preferences from
828     among insurance coverage options.
829          (3) (a) Contributions to the health savings account may be made by the employer.
830          (b) The amount of the employer contributions under Subsection (3)(a) shall be
831     determined annually by the office, after consultation with the Department of Human Resource
832     Management and the Governor's Office of [Management] Planning and Budget so that the
833     annual employer contribution amount is not less than the difference in the actuarial value
834     between the program's health maintenance organization coverage and the federally qualified
835     high deductible health plan coverage, after taking into account any difference in employee
836     premium contribution.
837          (c) The office shall distribute the annual amount determined under Subsection (3)(b) to
838     employees in two equal amounts with a pay date in January and a pay date in July of each plan

839     year.
840          (d) An employee may also make contributions to the health savings account.
841          (e) If an employee is ineligible for a contribution to a health savings account under
842     federal law and would otherwise be eligible for the contribution under Subsection (3)(a), the
843     contribution shall be distributed into a health reimbursement account or other tax-advantaged
844     arrangement authorized under the Internal Revenue Code for the benefit of the employee.
845          (4) (a) An employer participating in a plan offered under Subsection 49-20-202(1)(a)
846     shall require each employee to complete training on the health plan options available to the
847     employee.
848          (b) The training required by Subsection (4)(a):
849          (i) shall include materials prepared by the office under Subsection (2);
850          (ii) may be completed online; and
851          (iii) shall be completed:
852          (A) before the end of the 2012 open enrollment period for current enrollees in the
853     program; and
854          (B) for employees hired on or after July 1, 2011, before the employee's selection of a
855     plan in the program.
856          Section 16. Section 49-22-205 is amended to read:
857          49-22-205. Exemptions from participation in system.
858          (1) Upon filing a written request for exemption with the office, the following
859     employees are exempt from participation in the system as provided in this section:
860          (a) an executive department head of the state;
861          (b) a member of the State Tax Commission;
862          (c) a member of the Public Service Commission;
863          (d) a member of a full-time or part-time board or commission;
864          (e) an employee of the Governor's Office of [Management] Planning and Budget;
865          (f) an employee of the Governor's Office of Economic Development;

866          (g) an employee of the Commission on Criminal and Juvenile Justice;
867          (h) an employee of the Governor's Office;
868          (i) an employee of the State Auditor's Office;
869          (j) an employee of the State Treasurer's Office;
870          (k) any other member who is permitted to make an election under Section 49-11-406;
871          (l) a person appointed as a city manager or appointed as a city administrator or another
872     at-will employee of a municipality, county, or other political subdivision;
873          (m) an employee of an interlocal cooperative agency created under Title 11, Chapter
874     13, Interlocal Cooperation Act, who is engaged in a specialized trade customarily provided
875     through membership in a labor organization that provides retirement benefits to its members;
876     and
877          [(n) an employee of the Utah Science Technology and Research Initiative created under
878     Title 63M, Chapter 2, Utah Science Technology and Research Governing Authority Act; and]
879          [(o)] (n) an employee serving as an exchange employee from outside the state for an
880     employer who has elected to make all of the employer's exchange employees eligible for
881     service credit in this system.
882          (2) (a) A participating employer shall prepare and maintain a list designating those
883     positions eligible for exemption under Subsection (1).
884          (b) An employee may not be exempted unless the employee is employed in a position
885     designated by the participating employer under Subsection (1).
886          (3) (a) In accordance with this section, Section 49-12-203, and Section 49-13-203, a
887     municipality, county, or political subdivision may not exempt a total of more than 50 positions
888     or a number equal to 10% of the eligible employees of the municipality, county, or political
889     subdivision, whichever is less.
890          (b) A municipality, county, or political subdivision may exempt at least one regular
891     full-time employee.
892          (4) Each participating employer shall:

893          (a) maintain a list of employee exemptions; and
894          (b) update an employee exemption in the event of any change.
895          (5) Beginning on the effective date of the exemption for an employee who elects to be
896     exempt in accordance with Subsection (1):
897          (a) for a member of the Tier II defined contribution plan:
898          (i) the participating employer shall contribute the nonelective contribution and the
899     amortization rate described in Section 49-22-401, except that the nonelective contribution is
900     exempt from the vesting requirements of Subsection 49-22-401(3)(a); and
901          (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
902          (b) for a member of the Tier II hybrid retirement system:
903          (i) the participating employer shall contribute the nonelective contribution and the
904     amortization rate described in Section 49-22-401, except that the contribution is exempt from
905     the vesting requirements of Subsection 49-22-401(3)(a);
906          (ii) the member may make voluntary deferrals as provided in Section 49-22-401; and
907          (iii) the member is not eligible for additional service credit in the system.
908          (6) If an employee who is a member of the Tier II hybrid retirement system
909     subsequently revokes the election of exemption made under Subsection (1), the provisions
910     described in Subsection (5)(b) shall no longer be applicable and the coverage for the employee
911     shall be effective prospectively as provided in Part 3, Tier II Hybrid Retirement System.
912          (7) (a) All employer contributions made on behalf of an employee shall be invested in
913     accordance with Subsection 49-22-303(3)(a) or 49-22-401(4)(a) until the one-year election
914     period under Subsection 49-22-201(2)(c) is expired if the employee:
915          (i) elects to be exempt in accordance with Subsection (1); and
916          (ii) continues employment with the participating employer through the one-year
917     election period under Subsection 49-22-201(2)(c).
918          (b) An employee is entitled to receive a distribution of the employer contributions
919     made on behalf of the employee and all associated investment gains and losses if the employee:

920          (i) elects to be exempt in accordance with Subsection (1); and
921          (ii) terminates employment prior to the one-year election period under Subsection
922     49-22-201(2)(c).
923          (8) (a) The office shall make rules to implement this section.
924          (b) The rules made under this Subsection (8) shall include provisions to allow the
925     exemption provided under Subsection (1) to apply to all contributions made beginning on or
926     after July 1, 2011, on behalf of an exempted employee who began the employment before May
927     8, 2012.
928          (9) An employee's exemption, participation, or election described in this section:
929          (a) shall be made in accordance with this section; and
930          (b) is subject to requirements under federal law and rules made by the board.
931          Section 17. Section 51-10-202 is amended to read:
932          51-10-202. Board of trustees of the fund -- Trust administrator.
933          (1) (a) There is created a board of trustees of the fund composed of the following three
934     members:
935          (i) the state treasurer;
936          (ii) the director of the Division of Finance; and
937          (iii) the director of the Governor's Office of [Management] Planning and Budget or the
938     director's designee.
939          (b) The state treasurer is chair of the board.
940          (c) Three members of the board is a quorum.
941          (d) A member may not receive compensation or benefits for the member's service, but
942     may receive per diem and travel expenses in accordance with:
943          (i) Section 63A-3-106;
944          (ii) Section 63A-3-107; and
945          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
946     63A-3-107.

947          (2) (a) The board shall:
948          (i) contract with a person to act as trust administrator in accordance with Title 63G,
949     Chapter 6a, Utah Procurement Code, and when not provided for by this chapter, define the trust
950     administrator's duties; or
951          (ii) if unable to find a qualified person under Subsection (2)(a)(i) to act as trust
952     administrator for a reasonable cost, hire a qualified person to act as trust administrator and,
953     when not provided for in this chapter, define the trust administrator's duties.
954          (b) If the board hires a trust administrator under Subsection (2)(a)(ii), the board may
955     hire or authorize the trust administrator to hire other persons necessary to assist the trust
956     administrator and the board to perform the duties required by this chapter.
957          (3) The board shall:
958          (a) on behalf of the state, act as trustee of the fund and exercise the state's fiduciary
959     responsibilities;
960          (b) meet at least once every other month;
961          (c) review and approve the policies, projections, rules, criteria, procedures, forms,
962     standards, and performance goals established by the trust administrator;
963          (d) review and approve the fund budget prepared by the trust administrator;
964          (e) review the progress reports from programs financed by the fund;
965          (f) review financial records of the fund, including fund receipts, expenditures, and
966     investments; and
967          (g) do any other thing necessary to perform the state's fiduciary obligations under the
968     fund.
969          (4) The attorney general shall:
970          (a) act as legal counsel and provide legal representation to the board; and
971          (b) attend or direct an attorney from the attorney general's office to attend each meeting
972     of the board.
973          (5) The board may consult with knowledgeable state personnel to advise the board on

974     policy and technical matters.
975          Section 18. Section 53-2c-201 is amended to read:
976          53-2c-201. Public Health and Economic Emergency Commission -- Creation --
977     Membership -- Quorum -- Per diem -- Staff support -- Meetings.
978          (1) There is created the Public Health and Economic Emergency Commission
979     consisting of the following members:
980          (a) the executive director of the Department of Health, or the executive director's
981     designee;
982          (b) four individuals, appointed by the governor, including:
983          (i) the chief executive of a for profit health care organization that operates at least one
984     hospital in the state;
985          (ii) the chief executive of a not-for-profit health care organization that operates at least
986     one hospital in the state; and
987          (iii) two other individuals;
988          (c) two individuals appointed by the president of the Senate;
989          (d) two individuals appointed by the speaker of the House of Representatives; and
990          (e) one individual appointed by the chief executive officer of the Utah Association of
991     Counties.
992          (2) (a) The president of the Senate and the speaker of the House of Representatives
993     shall jointly designate one of the members appointed under Subsection (1)(c) or (d) as chair of
994     the commission.
995          (b) For an appointment under Subsection (1)(c) or (d), the president of the Senate or
996     the speaker of the House of Representatives may appoint a legislator or a non-legislator.
997          (3) (a) If a vacancy occurs in the membership of the commission appointed under
998     Subsection (1)(b), (c), (d), or (e), the member shall be replaced in the same manner in which
999     the original appointment was made.
1000          (b) A member of the commission serves until the member's successor is appointed and

1001     qualified.
1002          (4) (a) A majority of the commission members constitutes a quorum.
1003          (b) The action of a majority of a quorum constitutes an action of the commission.
1004          (5) (a) The salary and expenses of a commission member who is a legislator shall be
1005     paid in accordance with Section 36-2-2, Legislative Joint Rules, Title 5, Chapter 2, Lodging,
1006     Meal, and Transportation Expenses, and Legislative Joint Rules, Title 5, Chapter 3, Legislator
1007     Compensation.
1008          (b) A commission member who is not a legislator may not receive compensation or
1009     benefits for the member's service on the commission, but may receive per diem and
1010     reimbursement for travel expenses incurred as a commission member at the rates established by
1011     the Division of Finance under:
1012          (i) Sections 63A-3-106 and 63A-3-107; and
1013          (ii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1014     63A-3-107.
1015          (6) The Governor's Office of [Management] Planning and Budget shall:
1016          (a) provide staff support to the commission; and
1017          (b) coordinate with the Office of Legislative Research and General Counsel regarding
1018     the commission.
1019          (7) A meeting of the commission that takes place during a public health emergency is
1020     not subject to Title 52, Chapter 4, Open and Public Meetings Act.
1021          Section 19. Section 53-17-402 is amended to read:
1022          53-17-402. Local Public Safety and Firefighter Surviving Spouse Trust Fund
1023     Board of Trustees -- Quorum -- Duties -- Establish rates.
1024          (1) (a) There is created the Local Public Safety and Firefighter Surviving Spouse Trust
1025     Fund Board of Trustees composed of four members:
1026          (i) the commissioner of public safety or the commissioner's designee;
1027          (ii) the executive director of the Governor's Office of [Management] Planning and

1028     Budget or the executive director's designee;
1029          (iii) one person representing municipalities, designated by the Utah League of Cities
1030     and Towns; and
1031          (iv) one person representing counties, designated by the Utah Association of Counties.
1032          (b) The commissioner of public safety, or the commissioner's designee, is chair of the
1033     board.
1034          (c) Three members of the board are a quorum.
1035          (d) A member may not receive compensation or benefits for the member's service, but
1036     may receive per diem and travel expenses in accordance with:
1037          (i) Section 63A-3-106;
1038          (ii) Section 63A-3-107; and
1039          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
1040     63A-3-107.
1041          (e) (i) The Department of Public Safety shall staff the board of trustees.
1042          (ii) The department shall provide accounting services for the trust fund.
1043          (2) The board shall:
1044          (a) establish rates to charge each employer based on the number of public safety
1045     service employees and firefighter service employees who are eligible for the health coverage
1046     under this chapter;
1047          (b) act as trustee of the trust fund and exercise the state's fiduciary responsibilities;
1048          (c) meet at least once per year;
1049          (d) review and approve all policies, projections, rules, criteria, procedures, forms,
1050     standards, performance goals, and actuarial reports;
1051          (e) review and approve the budget for the trust fund;
1052          (f) review financial records of the trust fund, including trust fund receipts,
1053     expenditures, and investments;
1054          (g) commission and obtain financial or actuarial studies of the liabilities for the trust

1055     fund;
1056          (h) calculate and approve administrative expenses of the trust fund; and
1057          (i) do any other things necessary to perform the fiduciary obligations under the trust.
1058          Section 20. Section 53B-2a-110 is amended to read:
1059          53B-2a-110. Technical college board of trustees' powers and duties.
1060          (1) A technical college board of trustees shall:
1061          (a) assist the technical college president in preparing a budget request for the technical
1062     college's annual operations to the board;
1063          (b) after consulting with the board, other higher education institutions, school districts,
1064     and charter schools within the technical college's region, prepare a comprehensive strategic
1065     plan for delivering technical education within the region;
1066          (c) consult with business, industry, the Department of Workforce Services, the
1067     Governor's Office of Economic Development, and the Governor's Office of [Management]
1068     Planning and Budget on an ongoing basis to determine what workers and skills are needed for
1069     employment in Utah businesses and industries;
1070          (d) in accordance with Section 53B-16-102, develop programs based upon the
1071     information described in Subsection (1)(c), including expedited program approval and
1072     termination procedures to meet market needs;
1073          (e) adopt an annual budget and fund balances;
1074          (f) develop policies for the operation of technical education facilities under the
1075     technical college board of trustees' jurisdiction;
1076          (g) establish human resources and compensation policies for all employees in
1077     accordance with policies of the board;
1078          (h) approve credentials for employees and assign employees to duties in accordance
1079     with board policies and accreditation guidelines;
1080          (i) conduct annual program evaluations;
1081          (j) appoint program advisory committees and other advisory groups to provide counsel,

1082     support, and recommendations for updating and improving the effectiveness of training
1083     programs and services;
1084          (k) approve regulations, both regular and emergency, to be issued and executed by the
1085     technical college president;
1086          (l) coordinate with local school boards, school districts, and charter schools to meet the
1087     technical education needs of secondary students;
1088          (m) develop policies and procedures for the admission, classification, instruction, and
1089     examination of students in accordance with the policies and accreditation guidelines of the
1090     board and the State Board of Education; and
1091          (n) (i) approve a strategic plan for the technical college that is aligned with:
1092          (A) state attainment goals;
1093          (B) workforce needs; and
1094          (C) the technical college's role, mission, and distinctiveness; and
1095          (ii) monitor the technical college's progress toward achieving the strategic plan.
1096          (2) A policy described in Subsection (1)(g) does not apply to compensation for a
1097     technical college president.
1098          (3) A technical college board of trustees may not exercise jurisdiction over career and
1099     technical education provided by a school district or charter school or provided by a higher
1100     education institution independently of the technical college.
1101          (4) If a program advisory committee or other advisory group submits a printed
1102     recommendation to a technical college board of trustees, the technical college board of trustees
1103     shall acknowledge the recommendation with a printed response that explains the technical
1104     college board of trustees' action regarding the recommendation and the reasons for the action.
1105          Section 21. Section 53F-2-205 is amended to read:
1106          53F-2-205. Powers and duties of state board to adjust Minimum School Program
1107     allocations -- Use of remaining funds at the end of a fiscal year.
1108          (1) As used in this section:

1109          (a) "ESEA" means the Elementary and Secondary Education Act of 1965, 20 U.S.C.
1110     Sec. 6301 et seq.
1111          (b) "Program" means a program or allocation funded by a line item appropriation or
1112     other appropriation designated as:
1113          (i) Basic Program;
1114          (ii) Related to Basic Programs;
1115          (iii) Voted and Board Levy Programs; or
1116          (iv) Minimum School Program.
1117          (2) Except as provided in Subsection (3) or (5), if the number of weighted pupil units
1118     in a program is underestimated, the state board shall reduce the value of the weighted pupil unit
1119     in that program so that the total amount paid for the program does not exceed the amount
1120     appropriated for the program.
1121          (3) If the number of weighted pupil units in a program is overestimated, the state board
1122     shall spend excess money appropriated for the following purposes giving priority to the
1123     purpose described in Subsection (3)(a):
1124          (a) to support the value of the weighted pupil unit in a program within the basic
1125     state-supported school program in which the number of weighted pupil units is underestimated;
1126          (b) to support the state guaranteed local levy increments as defined in Section
1127     53F-2-601, if:
1128          (i) local contributions to the voted local levy program or board local levy program are
1129     overestimated; or
1130          (ii) the number of weighted pupil units within school districts qualifying for a
1131     guarantee is underestimated;
1132          (c) to support the state supplement to local property taxes allocated to charter schools,
1133     if the state supplement is less than the amount prescribed by Section 53F-2-704;
1134          (d) to fund the cost of the salary supplements described in Section 53F-2-504; or
1135          (e) to support a school district with a loss in student enrollment as provided in Section

1136     53F-2-207.
1137          (4) If local contributions from the minimum basic tax rate imposed under Section
1138     53F-2-301 or 53F-2-301.5, as applicable, are overestimated, the state board shall reduce the
1139     value of the weighted pupil unit for all programs within the basic state-supported school
1140     program so the total state contribution to the basic state-supported school program does not
1141     exceed the amount of state funds appropriated.
1142          (5) If local contributions from the minimum basic tax rate imposed under Section
1143     53F-2-301 or 53F-2-301.5, as applicable, are underestimated, the state board shall:
1144          (a) spend the excess local contributions for the purposes specified in Subsection (3),
1145     giving priority to supporting the value of the weighted pupil unit in programs within the basic
1146     state-supported school program in which the number of weighted pupil units is underestimated;
1147     and
1148          (b) reduce the state contribution to the basic state-supported school program so the
1149     total cost of the basic state-supported school program does not exceed the total state and local
1150     funds appropriated to the basic state-supported school program plus the local contributions
1151     necessary to support the value of the weighted pupil unit in programs within the basic
1152     state-supported school program in which the number of weighted pupil units is underestimated.
1153          (6) Except as provided in Subsection (3) or (5), the state board shall reduce the state
1154     guarantee per weighted pupil unit provided under the local levy state guarantee program
1155     described in Section 53F-2-601, if:
1156          (a) local contributions to the voted local levy program or board local levy program are
1157     overestimated; or
1158          (b) the number of weighted pupil units within school districts qualifying for a
1159     guarantee is underestimated.
1160          (7) Money appropriated to the state board is nonlapsing, including appropriations to the
1161     Minimum School Program and all agencies, line items, and programs under the jurisdiction of
1162     the state board.

1163          (8) The state board shall report actions taken by the state board under this section to the
1164     Office of the Legislative Fiscal Analyst and the Governor's Office of [Management] Planning
1165     and Budget.
1166          Section 22. Section 53F-2-208 is amended to read:
1167          53F-2-208. Cost of adjustments for growth and inflation.
1168          (1) In accordance with Subsection (2), the Legislature shall annually determine:
1169          (a) the estimated state cost of adjusting for inflation in the next fiscal year, based on a
1170     rolling five-year average ending in the current fiscal year, ongoing state tax fund appropriations
1171     to the following programs:
1172          (i) education for youth in custody, described in Section 53E-3-503;
1173          (ii) the Basic Program, described in Title 53F, Chapter 2, Part 3, Basic Program
1174     (Weighted Pupil Units);
1175          (iii) the Adult Education Program, described in Section 53F-2-401;
1176          (iv) state support of pupil transportation, described in Section [53F-4-402] 53F-2-402;
1177          (v) the Enhancement for Accelerated Students Program, described in Section
1178     53F-2-408;
1179          (vi) the Concurrent Enrollment Program, described in Section 53F-2-409; and
1180          (vii) the Enhancement for At-Risk Students Program, described in Section 53F-2-410;
1181     and
1182          (b) the estimated state cost of adjusting for enrollment growth, in the next fiscal year,
1183     the current fiscal year's ongoing state tax fund appropriations to the following programs:
1184          (i) a program described in Subsection (1)(a);
1185          (ii) educator salary adjustments, described in Section 53F-2-405;
1186          (iii) the Teacher Salary Supplement Program, described in Section 53F-2-504;
1187          (iv) the Voted and Board Local Levy Guarantee programs, described in Section
1188     53F-2-601; and
1189          (v) charter school local replacement funding, described in Section 53F-2-702.

1190          (2) (a) In or before December each year, the Executive Appropriations Committee shall
1191     determine:
1192          (i) the cost of the inflation adjustment described in Subsection (1)(a); and
1193          (ii) the cost of the enrollment growth adjustment described in Subsection (1)(b).
1194          (b) The Executive Appropriations Committee shall make the determinations described
1195     in Subsection (2)(a) based on recommendations developed by the Office of the Legislative
1196     Fiscal Analyst, in consultation with the state board and the Governor's Office of [Management]
1197     Planning and Budget.
1198          Section 23. Section 53F-2-601 is amended to read:
1199          53F-2-601. State guaranteed local levy increments -- Appropriation to increase
1200     number of guaranteed local levy increments -- No effect of change of minimum basic tax
1201     rate -- Voted and board local levy funding balance -- Use of guaranteed local levy
1202     increment funds.
1203          (1) As used in this section:
1204          (a) "Board local levy" means a local levy described in Section 53F-8-302.
1205          (b) "Guaranteed local levy increment" means a local levy increment guaranteed by the
1206     state:
1207          (i) for the board local levy, described in Subsections (2)(a)(ii)(A) and (2)(b)(ii)(B); or
1208          (ii) for the voted local levy, described in Subsections (2)(a)(ii)(B) and (2)(b)(ii)(A).
1209          (c) "Local levy increment" means .0001 per dollar of taxable value.
1210          (d) (i) "Voted and board local levy funding balance" means the difference between:
1211          (A) the amount appropriated for the guaranteed local levy increments in a fiscal year;
1212     and
1213          (B) the amount necessary to fund in the same fiscal year the guaranteed local levy
1214     increments as determined under this section.
1215          (ii) "Voted and board local levy funding balance" does not include appropriations
1216     described in Subsection (2)(b)(i).

1217          (e) "Voted local levy" means a local levy described in Section 53F-8-301.
1218          (2) (a) (i) In addition to the revenue collected from the imposition of a voted local levy
1219     or a board local levy, the state shall guarantee that a school district receives, subject to
1220     Subsections (2)(b)(ii)(C) and (3)(a), for each guaranteed local levy increment, an amount
1221     sufficient to guarantee for a fiscal year that begins on July 1, 2018, $43.10 per weighted pupil
1222     unit.
1223          (ii) Except as provided in Subsection (2)(b)(ii), the number of local levy increments
1224     that are subject to the guarantee amount described in Subsection (2)(a)(i) are:
1225          (A) for a board local levy, the first four local levy increments a local school board
1226     imposes under the board local levy; and
1227          (B) for a voted local levy, the first 16 local levy increments a local school board
1228     imposes under the voted local levy.
1229          (b) (i) Subject to future budget constraints and Subsection (2)(c), the Legislature shall
1230     annually appropriate money from the Local Levy Growth Account established in Section
1231     53F-9-305 for purposes described in Subsection (2)(b)(ii).
1232          (ii) The state board shall, for a fiscal year beginning on or after July 1, 2018, and
1233     subject to Subsection (2)(c), allocate funds appropriated under Subsection (2)(b)(i) in the
1234     following order of priority by increasing:
1235          (A) by up to four increments the number of voted local levy guaranteed local levy
1236     increments above 16;
1237          (B) by up to 16 increments the number of board local levy guaranteed local levy
1238     increments above four; and
1239          (C) the guaranteed amount described in Subsection (2)(a)(i).
1240          (c) The number of guaranteed local levy increments under this Subsection (2) for a
1241     school district may not exceed 20 guaranteed local levy increments, regardless of whether the
1242     guaranteed local levy increments are from the imposition of a voted local levy, a board local
1243     levy, or a combination of the two.

1244          (3) (a) The guarantee described in Subsection (2)(a)(i) is indexed each year to the value
1245     of the weighted pupil unit by making the value of the guarantee equal to .011962 times the
1246     value of the prior year's weighted pupil unit.
1247          (b) The guarantee shall increase by .0005 times the value of the prior year's weighted
1248     pupil unit for each year subject to the Legislature appropriating funds for an increase in the
1249     guarantee.
1250          (4) (a) The amount of state guarantee money that a school district would otherwise be
1251     entitled to receive under this section may not be reduced for the sole reason that the school
1252     district's board local levy or voted local levy is reduced as a consequence of changes in the
1253     certified tax rate under Section 59-2-924 pursuant to changes in property valuation.
1254          (b) Subsection (4)(a) applies for a period of five years following a change in the
1255     certified tax rate as described in Subsection (4)(a).
1256          (5) The guarantee provided under this section does not apply to the portion of a voted
1257     local levy rate that exceeds the voted local levy rate that was in effect for the previous fiscal
1258     year, unless an increase in the voted local levy rate was authorized in an election conducted on
1259     or after July 1 of the previous fiscal year and before December 2 of the previous fiscal year.
1260          (6) (a) If a voted and board local levy funding balance exists for the prior fiscal year,
1261     the state board shall:
1262          (i) use the voted and board local levy funding balance to increase the value of the state
1263     guarantee per weighted pupil unit described in Subsection (3)(a) in the current fiscal year; and
1264          (ii) distribute guaranteed local levy increment funds to school districts based on the
1265     increased value of the state guarantee per weighted pupil unit described in Subsection (6)(a)(i).
1266          (b) The state board shall report action taken under Subsection (6)(a) to the Office of the
1267     Legislative Fiscal Analyst and the Governor's Office of [Management] Planning and Budget.
1268          (7) A local school board of a school district that receives funds described in this section
1269     shall budget and expend the funds for public education purposes.
1270          Section 24. Section 53F-9-201 is amended to read:

1271          53F-9-201. Uniform School Fund -- Contents -- Trust Distribution Account.
1272          (1) As used in this section:
1273          (a) "Annual distribution calculation" means, for a given fiscal year, the average of:
1274          (i) 4% of the average market value of the State School Fund for that fiscal year; and
1275          (ii) the distribution amount for the prior fiscal year, multiplied by the sum of:
1276          (A) one;
1277          (B) the percent change in student enrollment from the school year two years prior to
1278     the prior school year; and
1279          (C) the actual total percent change of the consumer price index during the last 12
1280     months as measured in June of the prior fiscal year.
1281          (b) "Average market value of the State School Fund" means the results of a calculation
1282     completed by the SITFO director each fiscal year that averages the value of the State School
1283     Fund for the past 12 consecutive quarters ending in the prior fiscal year.
1284          (c) "Consumer price index" means the Consumer Price Index for All Urban
1285     Consumers: All Items Less Food & Energy, as published by the Bureau of Labor Statistics of
1286     the United States Department of Labor.
1287          (d) "SITFO director" means the director of the School and Institutional Trust Fund
1288     Office appointed under Section 53D-1-401.
1289          (e) "State School Fund investment earnings distribution amount" or "distribution
1290     amount" means, for a fiscal year, the lesser of:
1291          (i) the annual distribution calculation; or
1292          (ii) 4% of the average market value of the State School Fund.
1293          (2) The Uniform School Fund, a special revenue fund within the Education Fund,
1294     established by Utah Constitution, Article X, Section 5, consists of:
1295          (a) distributions derived from the investment of money in the permanent State School
1296     Fund established by Utah Constitution, Article X, Section 5;
1297          (b) money transferred to the fund pursuant to Title 67, Chapter 4a, Revised Uniform

1298     Unclaimed Property Act; and
1299          (c) all other constitutional or legislative allocations to the fund, including:
1300          (i) appropriations for the Minimum School Program, enrollment growth, and inflation
1301     under Section 53F-9-201.1; and
1302          (ii) revenues received by donation.
1303          (3) (a) There is created within the Uniform School Fund a restricted account known as
1304     the Trust Distribution Account.
1305          (b) The Trust Distribution Account consists of:
1306          (i) in accordance with Subsection (4), quarterly deposits of the State School Fund
1307     investment earnings distribution amount from the prior fiscal year;
1308          (ii) all interest earned on the Trust Distribution Account in the prior fiscal year; and
1309          (iii) any unused appropriation for the administration of the School LAND Trust
1310     Program, as described in Subsection 53F-2-404(1)(c).
1311          (4) If, at the end of a fiscal year, the Trust Distribution Account has a balance
1312     remaining after subtracting the appropriation amount described in Subsection 53F-2-404(1)(a)
1313     for the next fiscal year, the SITFO director shall, during the next fiscal year, apply the amount
1314     of the remaining balance from the prior fiscal year toward the current fiscal year's distribution
1315     amount by reducing a quarterly deposit to the Trust Distribution Account by the amount of the
1316     remaining balance from the prior fiscal year.
1317          (5) On or before October 1 of each year, the SITFO director shall:
1318          (a) in accordance with this section, determine the distribution amount for the following
1319     fiscal year; and
1320          (b) report the amount described in Subsection (5)(a) as the funding amount, described
1321     in Subsection 53F-2-404(1)(c), for the School LAND Trust Program, to:
1322          (i) the State Treasurer;
1323          (ii) the Legislative Fiscal Analyst;
1324          (iii) the Division of Finance;

1325          (iv) the director of the Land Trusts Protection and Advocacy Office, appointed under
1326     Section 53D-2-203;
1327          (v) the School and Institutional Trust Lands Administration created in Section
1328     53C-1-201;
1329          (vi) the state board; and
1330          (vii) the Governor's Office of [Management] Planning and Budget.
1331          (6) The School and Institutional Trust Fund Board of Trustees created in Section
1332     53D-1-301 shall:
1333          (a) annually review the distribution amount; and
1334          (b) make recommendations, if necessary, to the Legislature for changes to the formula
1335     for calculating the distribution amount.
1336          (7) Upon appropriation by the Legislature, the SITFO director shall place in the Trust
1337     Distribution Account funds for the School LAND Trust Program as described in Subsections
1338     53F-2-404(1)(a) and (c).
1339          Section 25. Section 54-3-28 is amended to read:
1340          54-3-28. Notice required of certain public utilities before preparing or amending
1341     a long-range plan or acquiring certain property.
1342          (1) As used in this section:
1343          (a) (i) "Affected entity" means each county, municipality, local district under Title 17B,
1344     Limited Purpose Local Government Entities - Local Districts, special service district, school
1345     district, interlocal cooperation entity established under Title 11, Chapter 13, Interlocal
1346     Cooperation Act, and specified public utility:
1347          (A) whose services or facilities are likely to require expansion or significant
1348     modification because of expected uses of land under a proposed long-range plan or under
1349     proposed amendments to a long-range plan; or
1350          (B) that has filed with the specified public utility a copy of the general or long-range
1351     plan of the county, municipality, local district, special service district, school district, interlocal

1352     cooperation entity, or specified public utility.
1353          (ii) "Affected entity" does not include the specified public utility that is required under
1354     Subsection (2) to provide notice.
1355          (b) "Specified public utility" means an electrical corporation, gas corporation, or
1356     telephone corporation, as those terms are defined in Section 54-2-1.
1357          (2) (a) If a specified public utility prepares a long-range plan regarding its facilities
1358     proposed for the future in a county of the first or second class or amends an already existing
1359     long-range plan, the specified public utility shall, before preparing a long-range plan or
1360     amendments to an existing long-range plan, provide written notice, as provided in this section,
1361     of its intent to prepare a long-range plan or to amend an existing long-range plan.
1362          (b) Each notice under Subsection (2) shall:
1363          (i) indicate that the specified public utility intends to prepare a long-range plan or to
1364     amend a long-range plan, as the case may be;
1365          (ii) describe or provide a map of the geographic area that will be affected by the
1366     long-range plan or amendments to a long-range plan;
1367          (iii) be sent to:
1368          (A) each county in whose unincorporated area and each municipality in whose
1369     boundaries is located the land on which the proposed long-range plan or amendments to a
1370     long-range plan are expected to indicate that the proposed facilities will be located;
1371          (B) each affected entity;
1372          (C) the Automated Geographic Reference Center created in Section 63F-1-506;
1373          (D) each association of governments, established pursuant to an interlocal agreement
1374     under Title 11, Chapter 13, Interlocal Cooperation Act, of which a county or municipality
1375     described in Subsection (2)(b)(iii)(A) is a member; and
1376          (E) the state planning coordinator appointed under Section [63J-4-202] 63J-4-401;
1377          (iv) with respect to the notice to counties and municipalities described in Subsection
1378     (2)(b)(iii)(A) and affected entities, invite them to provide information for the specified public

1379     utility to consider in the process of preparing, adopting, and implementing the long-range plan
1380     or amendments to a long-range plan concerning:
1381          (A) impacts that the use of land proposed in the proposed long-range plan or
1382     amendments to a long-range plan may have on the county, municipality, or affected entity; and
1383          (B) uses of land that the county, municipality, or affected entity is planning or
1384     considering that may conflict with the proposed long-range plan or amendments to a long-range
1385     plan; and
1386          (v) include the address of an Internet website, if the specified public utility has one, and
1387     the name and telephone number of a person where more information can be obtained
1388     concerning the specified public utility's proposed long-range plan or amendments to a
1389     long-range plan.
1390          (3) (a) Except as provided in Subsection (3)(d), each specified public utility intending
1391     to acquire real property in a county of the first or second class for the purpose of expanding its
1392     infrastructure or other facilities used for providing the services that the specified public utility
1393     is authorized to provide shall provide written notice, as provided in this Subsection (3), of its
1394     intent to acquire the property if the intended use of the property is contrary to:
1395          (i) the anticipated use of the property under the county or municipality's general plan;
1396     or
1397          (ii) the property's current zoning designation.
1398          (b) Each notice under Subsection (3)(a) shall:
1399          (i) indicate that the specified public utility intends to acquire real property;
1400          (ii) identify the real property; and
1401          (iii) be sent to:
1402          (A) each county in whose unincorporated area and each municipality in whose
1403     boundaries the property is located; and
1404          (B) each affected entity.
1405          (c) A notice under this Subsection (3) is a protected record as provided in Subsection

1406     63G-2-305(8).
1407          (d) (i) The notice requirement of Subsection (3)(a) does not apply if the specified
1408     public utility previously provided notice under Subsection (2) identifying the general location
1409     within the municipality or unincorporated part of the county where the property to be acquired
1410     is located.
1411          (ii) If a specified public utility is not required to comply with the notice requirement of
1412     Subsection (3)(a) because of application of Subsection (3)(d)(i), the specified public utility
1413     shall provide the notice specified in Subsection (3)(a) as soon as practicable after its acquisition
1414     of the real property.
1415          Section 26. Section 59-1-403 is amended to read:
1416          59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
1417          (1) (a) Any of the following may not divulge or make known in any manner any
1418     information gained by that person from any return filed with the commission:
1419          (i) a tax commissioner;
1420          (ii) an agent, clerk, or other officer or employee of the commission; or
1421          (iii) a representative, agent, clerk, or other officer or employee of any county, city, or
1422     town.
1423          (b) An official charged with the custody of a return filed with the commission is not
1424     required to produce the return or evidence of anything contained in the return in any action or
1425     proceeding in any court, except:
1426          (i) in accordance with judicial order;
1427          (ii) on behalf of the commission in any action or proceeding under:
1428          (A) this title; or
1429          (B) other law under which persons are required to file returns with the commission;
1430          (iii) on behalf of the commission in any action or proceeding to which the commission
1431     is a party; or
1432          (iv) on behalf of any party to any action or proceeding under this title if the report or

1433     facts shown by the return are directly involved in the action or proceeding.
1434          (c) Notwithstanding Subsection (1)(b), a court may require the production of, and may
1435     admit in evidence, any portion of a return or of the facts shown by the return, as are specifically
1436     pertinent to the action or proceeding.
1437          (2) This section does not prohibit:
1438          (a) a person or that person's duly authorized representative from receiving a copy of
1439     any return or report filed in connection with that person's own tax;
1440          (b) the publication of statistics as long as the statistics are classified to prevent the
1441     identification of particular reports or returns; and
1442          (c) the inspection by the attorney general or other legal representative of the state of the
1443     report or return of any taxpayer:
1444          (i) who brings action to set aside or review a tax based on the report or return;
1445          (ii) against whom an action or proceeding is contemplated or has been instituted under
1446     this title; or
1447          (iii) against whom the state has an unsatisfied money judgment.
1448          (3) (a) Notwithstanding Subsection (1) and for purposes of administration, the
1449     commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
1450     Rulemaking Act, provide for a reciprocal exchange of information with:
1451          (i) the United States Internal Revenue Service; or
1452          (ii) the revenue service of any other state.
1453          (b) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1454     corporate franchise tax, the commission may by rule, made in accordance with Title 63G,
1455     Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and
1456     other written statements with the federal government, any other state, any of the political
1457     subdivisions of another state, or any political subdivision of this state, except as limited by
1458     Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal
1459     government grant substantially similar privileges to this state.

1460          (c) Notwithstanding Subsection (1) and for all taxes except individual income tax and
1461     corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3,
1462     Utah Administrative Rulemaking Act, provide for the issuance of information concerning the
1463     identity and other information of taxpayers who have failed to file tax returns or to pay any tax
1464     due.
1465          (d) Notwithstanding Subsection (1), the commission shall provide to the director of the
1466     Division of Environmental Response and Remediation, as defined in Section 19-6-402, as
1467     requested by the director of the Division of Environmental Response and Remediation, any
1468     records, returns, or other information filed with the commission under Chapter 13, Motor and
1469     Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program
1470     participation fee.
1471          (e) Notwithstanding Subsection (1), at the request of any person the commission shall
1472     provide that person sales and purchase volume data reported to the commission on a report,
1473     return, or other information filed with the commission under:
1474          (i) Chapter 13, Part 2, Motor Fuel; or
1475          (ii) Chapter 13, Part 4, Aviation Fuel.
1476          (f) Notwithstanding Subsection (1), upon request from a tobacco product manufacturer,
1477     as defined in Section 59-22-202, the commission shall report to the manufacturer:
1478          (i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1479     manufacturer and reported to the commission for the previous calendar year under Section
1480     59-14-407; and
1481          (ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
1482     manufacturer for which a tax refund was granted during the previous calendar year under
1483     Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).
1484          (g) Notwithstanding Subsection (1), the commission shall notify manufacturers,
1485     distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited
1486     from selling cigarettes to consumers within the state under Subsection 59-14-210(2).

1487          (h) Notwithstanding Subsection (1), the commission may:
1488          (i) provide to the Division of Consumer Protection within the Department of
1489     Commerce and the attorney general data:
1490          (A) reported to the commission under Section 59-14-212; or
1491          (B) related to a violation under Section 59-14-211; and
1492          (ii) upon request, provide to any person data reported to the commission under
1493     Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
1494          (i) Notwithstanding Subsection (1), the commission shall, at the request of a committee
1495     of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's Office of
1496     [Management] Planning and Budget, provide to the committee or office the total amount of
1497     revenues collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act,
1498     for the time period specified by the committee or office.
1499          (j) Notwithstanding Subsection (1), the commission shall make the directory required
1500     by Section 59-14-603 available for public inspection.
1501          (k) Notwithstanding Subsection (1), the commission may share information with
1502     federal, state, or local agencies as provided in Subsection 59-14-606(3).
1503          (l) (i) Notwithstanding Subsection (1), the commission shall provide the Office of
1504     Recovery Services within the Department of Human Services any relevant information
1505     obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer
1506     who has become obligated to the Office of Recovery Services.
1507          (ii) The information described in Subsection (3)(l)(i) may be provided by the Office of
1508     Recovery Services to any other state's child support collection agency involved in enforcing
1509     that support obligation.
1510          (m) (i) Notwithstanding Subsection (1), upon request from the state court
1511     administrator, the commission shall provide to the state court administrator, the name, address,
1512     telephone number, county of residence, and social security number on resident returns filed
1513     under Chapter 10, Individual Income Tax Act.

1514          (ii) The state court administrator may use the information described in Subsection
1515     (3)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.
1516          (n) (i) As used in this Subsection (3)(n):
1517          (A) "GOED" means the Governor's Office of Economic Development created in
1518     Section 63N-1-201.
1519          (B) "Income tax information" means information gained by the commission that is
1520     required to be attached to or included in a return filed with the commission under Chapter 7,
1521     Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.
1522          (C) "Other tax information" means information gained by the commission that is
1523     required to be attached to or included in a return filed with the commission except for a return
1524     filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
1525     Income Tax Act.
1526          (D) "Tax information" means income tax information or other tax information.
1527          (ii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
1528     (3)(n)(ii)(B) or (C), the commission shall at the request of GOED provide to GOED all income
1529     tax information.
1530          (B) For purposes of a request for income tax information made under Subsection
1531     (3)(n)(ii)(A), GOED may not request and the commission may not provide to GOED a person's
1532     address, name, social security number, or taxpayer identification number.
1533          (C) In providing income tax information to GOED, the commission shall in all
1534     instances protect the privacy of a person as required by Subsection (3)(n)(ii)(B).
1535          (iii) (A) Notwithstanding Subsection (1) and except as provided in Subsection
1536     (3)(n)(iii)(B), the commission shall at the request of GOED provide to GOED other tax
1537     information.
1538          (B) Before providing other tax information to GOED, the commission shall redact or
1539     remove any name, address, social security number, or taxpayer identification number.
1540          (iv) GOED may provide tax information received from the commission in accordance

1541     with this Subsection (3)(n) only:
1542          (A) as a fiscal estimate, fiscal note information, or statistical information; and
1543          (B) if the tax information is classified to prevent the identification of a particular
1544     return.
1545          (v) (A) A person may not request tax information from GOED under Title 63G,
1546     Chapter 2, Government Records Access and Management Act, or this section, if GOED
1547     received the tax information from the commission in accordance with this Subsection (3)(n).
1548          (B) GOED may not provide to a person that requests tax information in accordance
1549     with Subsection (3)(n)(v)(A) any tax information other than the tax information GOED
1550     provides in accordance with Subsection (3)(n)(iv).
1551          (o) Notwithstanding Subsection (1), the commission may provide to the governing
1552     board of the agreement or a taxing official of another state, the District of Columbia, the United
1553     States, or a territory of the United States:
1554          (i) the following relating to an agreement sales and use tax:
1555          (A) information contained in a return filed with the commission;
1556          (B) information contained in a report filed with the commission;
1557          (C) a schedule related to Subsection (3)(o)(i)(A) or (B); or
1558          (D) a document filed with the commission; or
1559          (ii) a report of an audit or investigation made with respect to an agreement sales and
1560     use tax.
1561          (p) Notwithstanding Subsection (1), the commission may provide information
1562     concerning a taxpayer's state income tax return or state income tax withholding information to
1563     the Driver License Division if the Driver License Division:
1564          (i) requests the information; and
1565          (ii) provides the commission with a signed release form from the taxpayer allowing the
1566     Driver License Division access to the information.
1567          (q) Notwithstanding Subsection (1), the commission shall provide to the Utah

1568     Communications Authority, or a division of the Utah Communications Authority, the
1569     information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
1570     63H-7a-502.
1571          (r) Notwithstanding Subsection (1), the commission shall provide to the Utah
1572     Educational Savings Plan information related to a resident or nonresident individual's
1573     contribution to a Utah Educational Savings Plan account as designated on the resident or
1574     nonresident's individual income tax return as provided under Section 59-10-1313.
1575          (s) Notwithstanding Subsection (1), for the purpose of verifying eligibility under
1576     Sections 26-18-2.5 and 26-40-105, the commission shall provide an eligibility worker with the
1577     Department of Health or its designee with the adjusted gross income of an individual if:
1578          (i) an eligibility worker with the Department of Health or its designee requests the
1579     information from the commission; and
1580          (ii) the eligibility worker has complied with the identity verification and consent
1581     provisions of Sections 26-18-2.5 and 26-40-105.
1582          (t) Notwithstanding Subsection (1), the commission may provide to a county, as
1583     determined by the commission, information declared on an individual income tax return in
1584     accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption
1585     authorized under Section 59-2-103.
1586          (u) Notwithstanding Subsection (1), the commission shall provide a report regarding
1587     any access line provider that is over 90 days delinquent in payment to the commission of
1588     amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid Wireless
1589     Telecommunications Service Charges, to the board of the Utah Communications Authority
1590     created in Section 63H-7a-201.
1591          (v) Notwithstanding Subsection (1), the commission shall provide the Department of
1592     Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the
1593     previous calendar year under Section 59-24-103.5.
1594          (w) Notwithstanding Subsection (1), the commission may, upon request, provide to the

1595     Department of Workforce Services any information received under Chapter 10, Part 4,
1596     Withholding of Tax, that is relevant to the duties of the Department of Workforce Services.
1597          (x) Notwithstanding Subsection (1), the commission may provide the Public Service
1598     Commission or the Division of Public Utilities information related to a seller that collects and
1599     remits to the commission a charge described in Subsection 69-2-405(2), including the seller's
1600     identity and the number of charges described in Subsection 69-2-405(2) that the seller collects.
1601          (4) (a) Each report and return shall be preserved for at least three years.
1602          (b) After the three-year period provided in Subsection (4)(a) the commission may
1603     destroy a report or return.
1604          (5) (a) Any individual who violates this section is guilty of a class A misdemeanor.
1605          (b) If the individual described in Subsection (5)(a) is an officer or employee of the
1606     state, the individual shall be dismissed from office and be disqualified from holding public
1607     office in this state for a period of five years thereafter.
1608          (c) Notwithstanding Subsection (5)(a) or (b), GOED, when requesting information in
1609     accordance with Subsection (3)(n)(iii), or an individual who requests information in
1610     accordance with Subsection (3)(n)(v):
1611          (i) is not guilty of a class A misdemeanor; and
1612          (ii) is not subject to:
1613          (A) dismissal from office in accordance with Subsection (5)(b); or
1614          (B) disqualification from holding public office in accordance with Subsection (5)(b).
1615          (6) Except as provided in Section 59-1-404, this part does not apply to the property tax.
1616          Section 27. Section 59-1-403.1 is amended to read:
1617          59-1-403.1. Disclosure of return information.
1618          (1) As used in this section:
1619          (a) "Office" means:
1620          (i) the Office of the Legislative Fiscal Analyst, established in Section 36-12-13;
1621          (ii) the Office of Legislative Research and General Counsel, established in Section

1622     36-12-12; or
1623          (iii) the Governor's Office of [Management] Planning and Budget, created in Section
1624     63J-4-201.
1625          (b) (i) "Return information" means information gained by the commission that is
1626     required to be attached to or included in a return filed with the commission.
1627          (ii) "Return information" does not include information that the commission is
1628     prohibited from disclosing by federal law, federal regulation, or federal publication.
1629          (2) (a) Notwithstanding Subsection 59-1-403(1), the commission, at the request of an
1630     office, shall provide to the office all return information with the items described in Subsection
1631     (2)(b) removed.
1632          (b) For purposes of a request for return information made under Subsection (2)(a), the
1633     commission shall redact or remove any name, address, social security number, or taxpayer
1634     identification number.
1635          (3) (a) An office may disclose return information received from the commission in
1636     accordance with this section only:
1637          (i) (A) as a fiscal estimate, fiscal note information, or statistical information; and
1638          (B) in a manner that reasonably protects the identification of a particular taxpayer; or
1639          (ii) to another office.
1640          (b) A person may not request return information, other than the return information that
1641     the office discloses in accordance with Subsection (3)(a), from an office under Title 63G,
1642     Chapter 2, Government Records Access and Management Act, or this section, if that office
1643     received the return information from the commission in accordance with this section.
1644          (c) An office may not disclose to a person that requests return information any return
1645     information other than the return information that the office discloses in accordance with
1646     Subsection (3)(a).
1647          (4) Any individual who violates Subsection (3)(a):
1648          (a) is guilty of a class A misdemeanor; and

1649          (b) shall be:
1650          (i) dismissed from office; and
1651          (ii) disqualified from holding public office in this state for a period of five years after
1652     dismissal.
1653          (5) (a) An office and the commission may enter into an agreement specifying the
1654     procedures for accessing, storing, and destroying return information requested in accordance
1655     with this section.
1656          (b) An office's access to return information is governed by this section, and except as
1657     provided in Subsection (5)(a), may not be limited by any agreement.
1658          Section 28. Section 59-15-109 is amended to read:
1659          59-15-109. Tax money to be paid to state treasurer.
1660          (1) Except as provided in Subsection (2), taxes collected under this chapter shall be
1661     paid by the commission to the state treasurer daily for deposit as follows:
1662          (a) the greater of the following shall be deposited into the Alcoholic Beverage
1663     Enforcement and Treatment Restricted Account created in Section 32B-2-403:
1664          (i) an amount calculated by:
1665          (A) determining an amount equal to 40% of the revenue collected for the fiscal year
1666     two years preceding the fiscal year for which the deposit is made; and
1667          (B) subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or
1668          (ii) $4,350,000; and
1669          (b) the revenue collected in excess of the amount deposited in accordance with
1670     Subsection (1)(a) shall be deposited into the General Fund.
1671          (2) For a fiscal year beginning on or after July 1, 2020, the state treasurer shall annually
1672     deposit into the Alcoholic Beverage Enforcement and Treatment Restricted Account created in
1673     Section 32B-2-403 an amount equal to the amount of revenue generated in the current fiscal
1674     year by the portion of the tax imposed under Section 59-15-101 that exceeds:
1675          (a) $12.80 per 31-gallon barrel for beer imported or manufactured:

1676          (i) on or after July 1, 2003; and
1677          (ii) for sale, use, or distribution in this state; and
1678          (b) a proportionate rate to the rate described in Subsection (2)(a) for:
1679          (i) any quantity of beer other than a 31-gallon barrel; or
1680          (ii) the fractional parts of a 31-gallon barrel.
1681          (3) (a) The commission shall notify the entities described in Subsection (3)(b) not later
1682     than the September 1 preceding the fiscal year of the deposit of:
1683          (i) the amount of the proceeds of the beer excise tax collected in accordance with this
1684     section for the fiscal year two years preceding the fiscal year of deposit; and
1685          (ii) an amount equal to 40% of the amount listed in Subsection (3)(a)(i).
1686          (b) The notification required by Subsection (3)(a) shall be sent to:
1687          (i) the Governor's Office of [Management] Planning and Budget; and
1688          (ii) the Legislative Fiscal Analyst.
1689          Section 29. Section 62A-15-612 is amended to read:
1690          62A-15-612. Allocation of pediatric state hospital beds -- Formula.
1691          (1) As used in this section:
1692          (a) "Mental health catchment area" means a county or group of counties governed by a
1693     local mental health authority.
1694          (b) "Pediatric beds" means the total number of patient beds located in the children's
1695     unit and the youth units at the state hospital, as determined by the superintendent of the state
1696     hospital.
1697          (2) On July 1, 1996, 72 pediatric beds shall be allocated to local mental health
1698     authorities under this section. The division shall review and adjust the number of pediatric beds
1699     as necessary every three years according to the state's population of persons under 18 years of
1700     age. All population figures utilized shall reflect the most recent available population estimates
1701     from the Governor's Office of [Management] Planning and Budget.
1702          (3) The allocation of beds shall be based on the percentage of the state's population of

1703     persons under the age of 18 located within a mental health catchment area. Each community
1704     mental health center shall be allocated at least one bed.
1705          (4) A local mental health authority may sell or loan its allocation of beds to another
1706     local mental health authority.
1707          (5) The division shall allocate 72 pediatric beds at the state hospital to local mental
1708     health authorities for their use in accordance with the formula established under this section. If
1709     a local mental health authority is unable to access a bed allocated to it under that formula, the
1710     division shall provide that local mental health authority with funding equal to the reasonable,
1711     average daily cost of an acute care bed purchased by the local mental health authority.
1712          Section 30. Section 63A-1-114 is amended to read:
1713          63A-1-114. Rate committee -- Membership -- Duties.
1714          (1) (a) There is created a rate committee consisting of the executive directors,
1715     commissioners, or superintendents of seven state agencies, which may include the State Board
1716     of Education, that use services and pay rates to one of the department internal service funds, or
1717     their designee, that the governor appoints for a two-year term.
1718          (b) (i) Of the seven state agencies represented on the rate committee under Subsection
1719     (1)(a), only one of the following may be represented on the committee, if at all, at any one
1720     time:
1721          (A) the Governor's Office of [Management] Planning and Budget; or
1722          (B) the Department of Technology Services.
1723          (ii) The department may not have a representative on the rate committee.
1724          (c) (i) The committee shall elect a chair from its members.
1725          (ii) Members of the committee who are state government employees and who do not
1726     receive salary, per diem, or expenses from their agency for their service on the committee shall
1727     receive no compensation, benefits, per diem, or expenses for the members' service on the
1728     committee.
1729          (d) The Department of Administrative Services shall provide staff services to the

1730     committee.
1731          (2) (a) A division described in Section 63A-1-109 that manages an internal service
1732     fund shall submit to the committee a proposed rate and fee schedule for services rendered by
1733     the division to an executive branch entity or an entity that subscribes to services rendered by
1734     the division.
1735          (b) The committee shall:
1736          (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
1737     Act;
1738          (ii) meet at least once each calendar year to:
1739          (A) discuss the service performance of each internal service fund;
1740          (B) review the proposed rate and fee schedules;
1741          (C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
1742      schedules described in Subsection (2)(b)(ii)(B); and
1743          (D) discuss any prior or potential adjustments to the service level received by state
1744     agencies that pay rates to an internal service fund;
1745          (iii) recommend a proposed rate and fee schedule for each internal service fund to:
1746          (A) the Governor's Office of [Management] Planning and Budget; and
1747          (B) each legislative appropriations subcommittee that, in accordance with Section
1748     63J-1-410, approves the internal service fund agency's rates, fees, and budget; and
1749          (iv) review and approve, increase or decrease an interim rate, fee, or amount when an
1750     internal service fund agency begins a new service or introduces a new product between annual
1751     general sessions of the Legislature.
1752          (c) The committee may in accordance with Subsection 63J-1-410(4), decrease a rate,
1753     fee, or amount that has been approved by the Legislature.
1754          Section 31. Section 63A-1-203 is amended to read:
1755          63A-1-203. Utah Transparency Advisory Board -- Creation -- Membership --
1756     Duties.

1757          (1) There is created within the department the Utah Transparency Advisory Board
1758     comprised of members knowledgeable about public finance or providing public access to
1759     public information.
1760          (2) The board consists of:
1761          (a) the state auditor or the state auditor's designee;
1762          (b) an individual appointed by the executive director of the department;
1763          (c) an individual appointed by the executive director of the Governor's Office of
1764     [Management] Planning and Budget;
1765          (d) an individual appointed by the governor on advice from the Legislative Fiscal
1766     Analyst;
1767          (e) one member of the Senate, appointed by the governor on advice from the president
1768     of the Senate;
1769          (f) one member of the House of Representatives, appointed by the governor on advice
1770     from the speaker of the House of Representatives;
1771          (g) an individual appointed by the director of the Department of Technology Services;
1772          (h) the director of the Division of Archives and Records Service created in Section
1773     63A-12-101 or the director's designee;
1774          (i) an individual who is a member of the State Records Committee created in Section
1775     63G-2-501, appointed by the governor;
1776          (j) an individual representing counties, appointed by the governor;
1777          (k) an individual representing municipalities, appointed by the governor;
1778          (l) an individual representing special districts, appointed by the governor;
1779          (m) an individual representing the State Board of Education, appointed by the State
1780     Board of Education; and
1781          (n) one individual who is a member of the public and who has knowledge, expertise, or
1782     experience in matters relating to the board's duties under Subsection (10), appointed by the
1783     board members identified in Subsections (2)(a) through (m).

1784          (3) The board shall:
1785          (a) advise the state auditor and the department on matters related to the implementation
1786     and administration of this part;
1787          (b) develop plans, make recommendations, and assist in implementing the provisions
1788     of this part;
1789          (c) determine what public financial information shall be provided by a participating
1790     state entity, independent entity, and participating local entity, if the public financial
1791     information:
1792          (i) only includes records that:
1793          (A) are classified as public under Title 63G, Chapter 2, Government Records Access
1794     and Management Act, or, subject to any specific limitations and requirements regarding the
1795     provision of financial information from the entity described in Section 63A-1-202, if an entity
1796     is exempt from Title 63G, Chapter 2, Government Records Access and Management Act,
1797     records that would normally be classified as public if the entity were not exempt from Title
1798     63G, Chapter 2, Government Records Access and Management Act;
1799          (B) are an accounting of money, funds, accounts, bonds, loans, expenditures, or
1800     revenues, regardless of the source; and
1801          (C) are owned, held, or administered by the participating state entity, independent
1802     entity, or participating local entity that is required to provide the record; and
1803          (ii) is of the type or nature that should be accessible to the public via a website based
1804     on considerations of:
1805          (A) the cost effectiveness of providing the information;
1806          (B) the value of providing the information to the public; and
1807          (C) privacy and security considerations;
1808          (d) evaluate the cost effectiveness of implementing specific information resources and
1809     features on the website;
1810          (e) require participating local entities to provide public financial information in

1811     accordance with the requirements of this part, with a specified content, reporting frequency,
1812     and form;
1813          (f) require an independent entity's website or a participating local entity's website to be
1814     accessible by link or other direct route from the Utah Public Finance Website if the
1815     independent entity or participating local entity does not use the Utah Public Finance Website;
1816          (g) determine the search methods and the search criteria that shall be made available to
1817     the public as part of a website used by an independent entity or a participating local entity
1818     under the requirements of this part, which criteria may include:
1819          (i) fiscal year;
1820          (ii) expenditure type;
1821          (iii) name of the agency;
1822          (iv) payee;
1823          (v) date; and
1824          (vi) amount; and
1825          (h) analyze ways to improve the information on the Utah Public Finance Website so
1826     the information is more relevant to citizens, including through the use of:
1827          (i) infographics that provide more context to the data; and
1828          (ii) geolocation services, if possible.
1829          (4) Every two years, the board shall elect a chair and a vice chair from its members.
1830          (5) (a) Each member shall serve a four-year term.
1831          (b) When a vacancy occurs in the membership for any reason, the replacement shall be
1832     appointed for a four-year term.
1833          (6) To accomplish its duties, the board shall meet as it determines necessary.
1834          (7) Reasonable notice shall be given to each member of the board before any meeting.
1835          (8) A majority of the board constitutes a quorum for the transaction of business.
1836          (9) (a) A member who is not a legislator may not receive compensation or benefits for
1837     the member's service, but may receive per diem and travel expenses as allowed in:

1838          (i) Section 63A-3-106;
1839          (ii) Section 63A-3-107; and
1840          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
1841     63A-3-107.
1842          (b) Compensation and expenses of a member who is a legislator are governed by
1843     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
1844          (10) (a) As used in Subsections (10) and (11):
1845          (i) "Information website" means a single Internet website containing public information
1846     or links to public information.
1847          (ii) "Public information" means records of state government, local government, or an
1848     independent entity that are classified as public under Title 63G, Chapter 2, Government
1849     Records Access and Management Act, or, subject to any specific limitations and requirements
1850     regarding the provision of financial information from the entity described in Section
1851     63A-1-202, if an entity is exempt from Title 63G, Chapter 2, Government Records Access and
1852     Management Act, records that would normally be classified as public if the entity were not
1853     exempt from Title 63G, Chapter 2, Government Records Access and Management Act.
1854          (b) The board shall:
1855          (i) study the establishment of an information website and develop recommendations for
1856     its establishment;
1857          (ii) develop recommendations about how to make public information more readily
1858     available to the public through the information website;
1859          (iii) develop standards to make uniform the format and accessibility of public
1860     information posted to the information website; and
1861          (iv) identify and prioritize public information in the possession of a state agency or
1862     political subdivision that may be appropriate for publication on the information website.
1863          (c) In fulfilling its duties under Subsection (10)(b), the board shall be guided by
1864     principles that encourage:

1865          (i) (A) the establishment of a standardized format of public information that makes the
1866     information more easily accessible by the public;
1867          (B) the removal of restrictions on the reuse of public information;
1868          (C) minimizing limitations on the disclosure of public information while appropriately
1869     safeguarding sensitive information; and
1870          (D) balancing factors in favor of excluding public information from an information
1871     website against the public interest in having the information accessible on an information
1872     website;
1873          (ii) (A) permanent, lasting, open access to public information; and
1874          (B) the publication of bulk public information;
1875          (iii) the implementation of well-designed public information systems that ensure data
1876     quality, create a public, comprehensive list or index of public information, and define a process
1877     for continuous publication of and updates to public information;
1878          (iv) the identification of public information not currently made available online and the
1879     implementation of a process, including a timeline and benchmarks, for making that public
1880     information available online; and
1881          (v) accountability on the part of those who create, maintain, manage, or store public
1882     information or post it to an information website.
1883          (d) The department shall implement the board's recommendations, including the
1884     establishment of an information website, to the extent that implementation:
1885          (i) is approved by the Legislative Management Committee;
1886          (ii) does not require further legislative appropriation; and
1887          (iii) is within the department's existing statutory authority.
1888          (11) The department shall, in consultation with the board and as funding allows,
1889     modify the information website described in Subsection (10) to:
1890          (a) by January 1, 2015, serve as a point of access for Government Records Access and
1891     Management Act requests for executive agencies;

1892          (b) by January 1, 2016, serve as a point of access for Government Records Access and
1893     Management Act requests for:
1894          (i) school districts;
1895          (ii) charter schools;
1896          (iii) public transit districts created under Title 17B, Chapter 2a, Part 8, Public Transit
1897     District Act;
1898          (iv) counties; and
1899          (v) municipalities;
1900          (c) by January 1, 2017, serve as a point of access for Government Records Access and
1901     Management Act requests for:
1902          (i) local districts under Title 17B, Limited Purpose Local Government Entities - Local
1903     Districts; and
1904          (ii) special service districts under Title 17D, Chapter 1, Special Service District Act;
1905          (d) except as provided in Subsection (12)(a), provide link capabilities to other existing
1906     repositories of public information, including maps, photograph collections, legislatively
1907     required reports, election data, statute, rules, regulations, and local ordinances that exist on
1908     other agency and political subdivision websites;
1909          (e) provide multiple download options in different formats, including nonproprietary,
1910     open formats where possible;
1911          (f) provide any other public information that the board, under Subsection (10),
1912     identifies as appropriate for publication on the information website; and
1913          (g) incorporate technical elements the board identifies as useful to a citizen using the
1914     information website.
1915          (12) (a) The department, in consultation with the board, shall establish by rule any
1916     restrictions on the inclusion of maps and photographs, as described in Subsection (11)(d), on
1917     the website described in Subsection (10) if the inclusion would pose a potential security
1918     concern.

1919          (b) The website described in Subsection (10) may not publish any record that is
1920     classified as private, protected, or controlled under Title 63G, Chapter 2, Government Records
1921     Access and Management Act.
1922          Section 32. Section 63A-5b-201 is amended to read:
1923          63A-5b-201. Creation of state building board -- Composition -- Appointment --
1924     Per diem and expenses -- Board officers.
1925          (1) There is created within the department the state building board.
1926          (2) (a) The board is composed of eight members, seven of whom are voting members
1927     appointed by the governor.
1928          (b) The executive director of the Governor's Office of [Management] Planning and
1929     Budget, or the executive director's designee, is a nonvoting member of the board.
1930          (3) The term of a voting board member is four years, except that the governor shall, at
1931     the time of a member's appointment or reappointment, adjust the length of the member's term,
1932     as necessary, to ensure that approximately half of the board is appointed every two years.
1933          (4) When a vacancy occurs in the membership of the voting members of the board for
1934     any reason, the governor shall appoint a replacement for the unexpired term of the member
1935     who created the vacancy.
1936          (5) (a) A voting board member shall hold office until a successor is appointed and
1937     qualified.
1938          (b) A voting board member may not serve more than two consecutive terms.
1939          (6) The governor shall designate one board member as the board chair.
1940          (7) A member of the board may not receive compensation or benefits for the member's
1941     service on the board, but may receive per diem and travel expenses in accordance with:
1942          (a) Sections 63A-3-106 and 63A-3-107; and
1943          (b) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
1944     63A-3-107.
1945          (8) A member of the board is not required to post a bond for the performance of the

1946     member's official duties.
1947          (9) The executive director or the executive director's designee shall serve as secretary
1948     to the board and shall:
1949          (a) manage scheduling for the board and the board's calendar;
1950          (b) establish and manage the agenda for meetings of the board;
1951          (c) keep the minutes of board meetings;
1952          (d) assist the board in the board's obligation to comply with Title 52, Chapter 4, Open
1953     and Public Meetings Act;
1954          (e) (i) assist the board in the board's obligation to comply with Title 63G, Chapter 2,
1955     Government Records Access and Management Act; and
1956          (ii) act as the board's records officer, as defined in Section 63G-2-103; and
1957          (f) assist the board in the board's obligation to comply with Title 63G, Chapter 3, Utah
1958     Administrative Rulemaking Act.
1959          Section 33. Section 63A-5b-702 is amended to read:
1960          63A-5b-702. Standards and requirements for state facilities -- Life-cycle cost
1961     effectiveness.
1962          (1) As used in this section:
1963          (a) "Life cycle cost-effective" means the most prudent cost of owning, operating, and
1964     maintaining a facility, including the initial cost, energy costs, operation and maintenance costs,
1965     repair costs, and the costs of energy conservation and renewable energy systems.
1966          (b) "Renewable energy system" means a system designed to use solar, wind,
1967     geothermal power, wood, or other replenishable energy source to heat, cool, or provide
1968     electricity to a building.
1969          (2) The director shall, in accordance with Title 63G, Chapter 3, Utah Administrative
1970     Rulemaking Act, make rules:
1971          (a) that establish standards and requirements for determining whether a state facility
1972     project is life cycle cost-effective;

1973          (b) for the monitoring of an agency's operation and maintenance expenditures for a
1974     state-owned facility;
1975          (c) to establish standards and requirements for utility metering;
1976          (d) that create an operation and maintenance program for an agency's facilities;
1977          (e) that establish a methodology for determining reasonably anticipated inflationary
1978     costs for each operation and maintenance program described in Subsection (2)(d);
1979          (f) that require an agency to report the amount the agency receives and expends on
1980     operation and maintenance; and
1981          (g) that provide for determining the actual cost for operation and maintenance requests
1982     for a new facility.
1983          (3) The director shall:
1984          (a) ensure that state-owned facilities, except for facilities under the control of the State
1985     Capitol Preservation Board, are life cycle cost-effective;
1986          (b) conduct ongoing facilities audits of state-owned facilities; and
1987          (c) monitor an agency's operation and maintenance expenditures for state-owned
1988     facilities as provided in rules made under Subsection (2)(b).
1989          (4) (a) An agency shall comply with the rules made under Subsection (2) for new
1990     facility requests submitted to the Legislature for a session of the Legislature after the 2017
1991     General Session.
1992          (b) The Office of the Legislative Fiscal Analyst and the Governor's Office of
1993     [Management] Planning and Budget shall, for each agency with operation and maintenance
1994     expenses, ensure that each required budget for the agency is adjusted in accordance with the
1995     rules described in Subsection (2)(e).
1996          Section 34. Section 63B-2-301 is amended to read:
1997          63B-2-301. Legislative intent -- Additional projects.
1998          It is the intent of the Legislature that:
1999          (1) The Department of Employment Security use money in the special administrative

2000     fund to plan, design, and construct a Davis County facility under the supervision of the director
2001     of the Division of Facilities Construction and Management unless supervisory authority is
2002     delegated by him as authorized by Section 63A-5b-604.
2003          (2) The University of Utah may use donated funds to plan, design, and construct the
2004     Nora Eccles Harrison addition under the supervision of the director of the Division of Facilities
2005     Construction and Management unless supervisory authority is delegated by him as authorized
2006     by Section 63A-5b-604.
2007          (3) The University of Utah may use hospital funds to plan, design, and construct the
2008     West Patient Services Building under the supervision of the director of the Division of
2009     Facilities Construction and Management unless supervisory authority is delegated by him as
2010     authorized by Section 63A-5b-604.
2011          (4) The University of Utah may use federal funds to plan, design, and construct the
2012     Computational Science Building under the supervision of the director of the Division of
2013     Facilities Construction and Management unless supervisory authority is delegated by him as
2014     authorized by Section 63A-5b-604.
2015          (5) The Board of Regents may issue revenue bonds to provide:
2016          (a) $6,700,000 to plan, design, and construct single student housing at Utah State
2017     University under the supervision of the director of the Division of Facilities Construction and
2018     Management unless supervisory authority is delegated by him as authorized by Section
2019     63A-5b-604; and
2020          (b) additional money necessary to:
2021          (i) pay costs incident to the issuance and sale of the bonds;
2022          (ii) pay interest on the bonds that accrues during construction and acquisition of the
2023     project and for up to one year after construction is completed; and
2024          (iii) fund any reserve requirements for the bonds.
2025          (6) Utah State University may use federal funds to plan, design, and construct the
2026     Natural Resources Lab addition under the supervision of the director of the Division of

2027     Facilities Construction and Management unless supervisory authority is delegated by him as
2028     authorized by Section 63A-5b-604.
2029          (7) Utah State University may use funds derived from property sales to plan, design,
2030     and construct emergency relocation facilities for the Farmington Botanical Gardens under the
2031     supervision of the director of the Division of Facilities Construction and Management unless
2032     supervisory authority is delegated by him as authorized by Section 63A-5b-604.
2033          (8) Utah State University may use institutional funds to plan, design, and construct an
2034     institutional residence for the president under the supervision of the director of the Division of
2035     Facilities Construction and Management unless supervisory authority is delegated by him as
2036     authorized by Section 63A-5b-604.
2037          (9) Weber State University may use discretionary funds to construct a remodel and
2038     expansion of the stores building and mail service facilities under the supervision of the director
2039     of the Division of Facilities Construction and Management unless supervisory authority is
2040     delegated by him as authorized by Section 63A-5b-604.
2041          (10) Weber State University may use fees and auxiliary revenue to plan, design, and
2042     construct a remodel and expansion of the Shepherd Student Union Building under the
2043     supervision of the director of the Division of Facilities Construction and Management unless
2044     supervisory authority is delegated by him as authorized by Section 63A-5b-604.
2045          (11) Southern Utah University may use donated funds to plan, design, and construct an
2046     alumni house under the supervision of the director of the Division of Facilities Construction
2047     and Management unless supervisory authority is delegated by him as authorized by Section
2048     63A-5b-604.
2049          (12) Utah State University Eastern may use auxiliary revenues and other fees to:
2050          (a) make lease or other payments;
2051          (b) redeem revenue bonds or repay loans issued on behalf of the college; and
2052          (c) plan, design, and construct a 200 person residence hall under the supervision of the
2053     director of the Division of Facilities Construction and Management unless supervisory

2054     authority is delegated by him as authorized by Section 63A-5b-604.
2055          (13) The Sevier Valley Applied Technology Center may use private and Community
2056     Impact Board funds, if approved, to plan, design, and construct a performing arts/multi-use
2057     facility under the supervision of the director of the Division of Facilities Construction and
2058     Management unless supervisory authority is delegated by him as authorized by Section
2059     63A-5b-604.
2060          (14) Ogden City and Weber County may have offices and related space for their
2061     attorneys included in the Ogden Courts building if the city and county are able to provide
2062     upfront funding to cover all costs associated with the design and construction of that space. In
2063     addition, the city and county shall cover their proportionate share of all operations and
2064     maintenance costs of their facility, including future major repairs to the building.
2065          (15) If the Legislature authorizes the Division of Facilities Construction and
2066     Management to enter into a lease purchase agreement for the Department of Human Services
2067     facility at 1385 South State Street in Salt Lake City or for the State Board of Education facility
2068     and adjacent space in Salt Lake City, or for both of those facilities, the State Building
2069     Ownership Authority, at the reasonable rates and amounts it may determine, and with technical
2070     assistance from the state treasurer, the director of the Division of Finance, and the executive
2071     director of the Governor's Office of [Management] Planning and Budget, may seek out the
2072     most cost effective lease purchase plans available to the state and may, pursuant to Title 63B,
2073     Chapter 1, Part 3, State Building Ownership Authority Act, certificate out interests in, or
2074     obligations of the authority pertaining to:
2075          (a) the lease purchase obligation; or
2076          (b) lease rental payments under the lease purchase obligation.
2077          (16) Salt Lake Community College may use donated funds to plan, design, and
2078     construct an amphitheater under the supervision of the director of the Division of Facilities
2079     Construction and Management unless supervisory authority is delegated by him as authorized
2080     by Section 63A-5b-604.

2081          (17) For the Tax Commission building, that:
2082          (a) All costs associated with the construction and furnishing of the Tax Commission
2083     building that are incurred before the issuance of the 1993 general obligation bonds be
2084     reimbursed by bond proceeds.
2085          (b) The maximum amount of cost that may be reimbursed from the 1993 general
2086     obligation bond proceeds for the Tax Commission building and furnishings may not exceed
2087     $14,230,000.
2088          (c) This intent statement for Subsection (17) constitutes a declaration of official intent
2089     under Section 1.103-18 of the U.S. Treasury Regulations.
2090          Section 35. Section 63B-3-301 is amended to read:
2091          63B-3-301. Legislative intent -- Additional projects.
2092          (1) It is the intent of the Legislature that, for any lease purchase agreement that the
2093     Legislature may authorize the Division of Facilities Construction and Management to enter into
2094     during its 1994 Annual General Session, the State Building Ownership Authority, at the
2095     reasonable rates and amounts it may determine, and with technical assistance from the state
2096     treasurer, the director of the Division of Finance, and the executive director of the Governor's
2097     Office of [Management] Planning and Budget, may seek out the most cost effective and
2098     prudent lease purchase plans available to the state and may, pursuant to Chapter 1, Part 3, State
2099     Building Ownership Authority Act, certificate out interests in, or obligations of the authority
2100     pertaining to:
2101          (a) the lease purchase obligation; or
2102          (b) lease rental payments under the lease purchase obligation.
2103          (2) It is the intent of the Legislature that the Department of Transportation dispose of
2104     surplus real properties and use the proceeds from those properties to acquire or construct
2105     through the Division of Facilities Construction and Management a new District Two Complex.
2106          (3) It is the intent of the Legislature that the State Building Board allocate funds from
2107     the Capital Improvement appropriation and donations to cover costs associated with the

2108     upgrade of the Governor's Residence that go beyond the restoration costs which can be covered
2109     by insurance proceeds.
2110          (4) (a) It is the intent of the Legislature to authorize the State Building Ownership
2111     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
2112     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
2113     participation interests may be created, to provide up to $10,600,000 for the construction of a
2114     Natural Resources Building in Salt Lake City, together with additional amounts necessary to:
2115          (i) pay costs of issuance;
2116          (ii) pay capitalized interest; and
2117          (iii) fund any debt service reserve requirements.
2118          (b) It is the intent of the Legislature that the authority seek out the most cost effective
2119     and prudent lease purchase plan available with technical assistance from the state treasurer, the
2120     director of the Division of Finance, and the executive director of the Governor's Office of
2121     [Management] Planning and Budget.
2122          (c) It is the intent of the Legislature that the operating budget for the Department of
2123     Natural Resources not be increased to fund these lease payments.
2124          (5) (a) It is the intent of the Legislature to authorize the State Building Ownership
2125     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
2126     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
2127     participation interests may be created, to provide up to $8,300,000 for the acquisition of the
2128     office buildings currently occupied by the Department of Environmental Quality and
2129     approximately 19 acres of additional vacant land at the Airport East Business Park in Salt Lake
2130     City, together with additional amounts necessary to:
2131          (i) pay costs of issuance;
2132          (ii) pay capitalized interest; and
2133          (iii) fund any debt service reserve requirements.
2134          (b) It is the intent of the Legislature that the authority seek out the most cost effective

2135     and prudent lease purchase plan available with technical assistance from the state treasurer, the
2136     director of the Division of Finance, and the executive director of the Governor's Office of
2137     [Management] Planning and Budget.
2138          (6) (a) It is the intent of the Legislature to authorize the State Building Ownership
2139     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
2140     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
2141     participation interests may be created, to provide up to $9,000,000 for the acquisition or
2142     construction of up to two field offices for the Department of Human Services in the
2143     southwestern portion of Salt Lake County, together with additional amounts necessary to:
2144          (i) pay costs of issuance;
2145          (ii) pay capitalized interest; and
2146          (iii) fund any debt service reserve requirements.
2147          (b) It is the intent of the Legislature that the authority seek out the most cost effective
2148     and prudent lease purchase plan available with technical assistance from the state treasurer, the
2149     director of the Division of Finance, and the executive director of the Governor's Office of
2150     [Management] Planning and Budget.
2151          (7) (a) It is the intent of the Legislature to authorize the State Building Ownership
2152     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
2153     issue or execute obligations or enter into or arrange for lease purchase agreements in which
2154     participation interests may be created, to provide up to $5,000,000 for the acquisition or
2155     construction of up to 13 stores for the Department of Alcoholic Beverage Control, together
2156     with additional amounts necessary to:
2157          (i) pay costs of issuance;
2158          (ii) pay capitalized interest; and
2159          (iii) fund any debt service reserve requirements.
2160          (b) It is the intent of the Legislature that the authority seek out the most cost effective
2161     and prudent lease purchase plan available with technical assistance from the state treasurer, the

2162     director of the Division of Finance, and the executive director of the Governor's Office of
2163     [Management] Planning and Budget.
2164          (c) It is the intent of the Legislature that the operating budget for the Department of
2165     Alcoholic Beverage Control not be increased to fund these lease payments.
2166          (8) (a) It is the intent of the Legislature to authorize the State Building Ownership
2167     Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
2168     issue or execute obligations or enter into or arrange for a lease purchase agreement in which
2169     participation interests may be created, to provide up to $6,800,000 for the construction of a
2170     Prerelease and Parole Center for the Department of Corrections, containing a minimum of 300
2171     beds, together with additional amounts necessary to:
2172          (i) pay costs of issuance;
2173          (ii) pay capitalized interest; and
2174          (iii) fund any debt service reserve requirements.
2175          (b) It is the intent of the Legislature that the authority seek out the most cost effective
2176     and prudent lease purchase plan available with technical assistance from the state treasurer, the
2177     director of the Division of Finance, and the executive director of the Governor's Office of
2178     [Management] Planning and Budget.
2179          (9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
2180     in Salt Lake City, becomes law, it is the intent of the Legislature that:
2181          (a) the Legislative Management Committee, the Interim Appropriation Subcommittees
2182     for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
2183     the Office of the Legislative Fiscal Analyst, the Governor's Office of [Management] Planning
2184     and Budget, and the State Building Board participate in a review of the proposed facility design
2185     for the Courts Complex no later than December 1994; and
2186          (b) although this review will not affect the funding authorization issued by the 1994
2187     Legislature, it is expected that Division of Facilities Construction and Management will give
2188     proper attention to concerns raised in these reviews and make appropriate design changes

2189     pursuant to the review.
2190          (10) It is the intent of the Legislature that:
2191          (a) the Division of Facilities Construction and Management, in cooperation with the
2192     Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services,
2193     develop a flexible use prototype facility for the Division of Youth Corrections renamed in 2003
2194     to the Division of Juvenile Justice Services;
2195          (b) the development process use existing prototype proposals unless it can be
2196     quantifiably demonstrated that the proposals cannot be used;
2197          (c) the facility is designed so that with minor modifications, it can accommodate
2198     detention, observation and assessment, transition, and secure programs as needed at specific
2199     geographical locations;
2200          (d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division
2201     of Youth Corrections renamed in 2003 to the Division of Juvenile Justice Services is used to
2202     design and construct one facility and design the other;
2203          (ii) the Division of Youth Corrections renamed in 2003 to the Division of Juvenile
2204     Justice Services shall:
2205          (A) determine the location for the facility for which design and construction are fully
2206     funded; and
2207          (B) in conjunction with the Division of Facilities Construction and Management,
2208     determine the best methodology for design and construction of the fully funded facility;
2209          (e) the Division of Facilities Construction and Management submit the prototype as
2210     soon as possible to the Infrastructure and General Government Appropriations Subcommittee
2211     and Executive Offices, Criminal Justice, and Legislature Appropriation Subcommittee for
2212     review;
2213          (f) the Division of Facilities Construction and Management issue a Request for
2214     Proposal for one of the facilities, with that facility designed and constructed entirely by the
2215     winning firm;

2216          (g) the other facility be designed and constructed under the existing Division of
2217     Facilities Construction and Management process;
2218          (h) that both facilities follow the program needs and specifications as identified by
2219     Division of Facilities Construction and Management and the Division of Youth Corrections
2220     renamed in 2003 to the Division of Juvenile Justice Services in the prototype; and
2221          (i) the fully funded facility should be ready for occupancy by September 1, 1995.
2222          (11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
2223     Park Master Study be used by the Division of Facilities Construction and Management to
2224     develop a master plan for the State Fair Park that:
2225          (a) identifies capital facilities needs, capital improvement needs, building
2226     configuration, and other long term needs and uses of the State Fair Park and its buildings; and
2227          (b) establishes priorities for development, estimated costs, and projected timetables.
2228          (12) It is the intent of the Legislature that:
2229          (a) the Division of Facilities Construction and Management, in cooperation with the
2230     Division of Parks and Recreation and surrounding counties, develop a master plan and general
2231     program for the phased development of Antelope Island;
2232          (b) the master plan:
2233          (i) establish priorities for development;
2234          (ii) include estimated costs and projected time tables; and
2235          (iii) include recommendations for funding methods and the allocation of
2236     responsibilities between the parties; and
2237          (c) the results of the effort be reported to the Natural Resources, Agriculture, and
2238     Environmental Quality Appropriations Subcommittee and Infrastructure and General
2239     Government Appropriations Subcommittee.
2240          (13) It is the intent of the Legislature to authorize the University of Utah to use:
2241          (a) bond reserves to plan, design, and construct the Kingsbury Hall renovation under
2242     the supervision of the director of the Division of Facilities Construction and Management

2243     unless supervisory authority is delegated by the director; and
2244          (b) donated and other nonappropriated funds to plan, design, and construct the Biology
2245     Research Building under the supervision of the director of the Division of Facilities
2246     Construction and Management unless supervisory authority is delegated by the director.
2247          (14) It is the intent of the Legislature to authorize Utah State University to use:
2248          (a) federal and other funds to plan, design, and construct the Bee Lab under the
2249     supervision of the director of the Division of Facilities Construction and Management unless
2250     supervisory authority is delegated by the director;
2251          (b) donated and other nonappropriated funds to plan, design, and construct an Athletic
2252     Facility addition and renovation under the supervision of the director of the Division of
2253     Facilities Construction and Management unless supervisory authority is delegated by the
2254     director;
2255          (c) donated and other nonappropriated funds to plan, design, and construct a renovation
2256     to the Nutrition and Food Science Building under the supervision of the director of the
2257     Division of Facilities Construction and Management unless supervisory authority is delegated
2258     by the director; and
2259          (d) federal and private funds to plan, design, and construct the Millville Research
2260     Facility under the supervision of the director of the Division of Facilities Construction and
2261     Management unless supervisory authority is delegated by the director.
2262          (15) It is the intent of the Legislature to authorize Salt Lake Community College to use:
2263          (a) institutional funds to plan, design, and construct a remodel to the Auto Trades
2264     Office and Learning Center under the supervision of the director of the Division of Facilities
2265     Construction and Management unless supervisory authority is delegated by the director;
2266          (b) institutional funds to plan, design, and construct the relocation and expansion of a
2267     temporary maintenance compound under the supervision of the director of the Division of
2268     Facilities Construction and Management unless supervisory authority is delegated by the
2269     director; and

2270          (c) institutional funds to plan, design, and construct the Alder Amphitheater under the
2271     supervision of the director of the Division of Facilities Construction and Management unless
2272     supervisory authority is delegated by the director.
2273          (16) It is the intent of the Legislature to authorize Southern Utah University to use:
2274          (a) federal funds to plan, design, and construct a Community Services Building under
2275     the supervision of the director of the Division of Facilities Construction and Management
2276     unless supervisory authority is delegated by the director; and
2277          (b) donated and other nonappropriated funds to plan, design, and construct a stadium
2278     expansion under the supervision of the director of the Division of Facilities Construction and
2279     Management unless supervisory authority is delegated by the director.
2280          (17) It is the intent of the Legislature to authorize the Department of Corrections to use
2281     donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
2282     Facility in Gunnison under the supervision of the director of the Division of Facilities
2283     Construction and Management unless supervisory authority is delegated by the director.
2284          (18) If the Utah National Guard does not relocate in the Signetics Building, it is the
2285     intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City
2286     to plan and design an Armory in Provo, Utah, under the supervision of the director of the
2287     Division of Facilities Construction and Management unless supervisory authority is delegated
2288     by the director.
2289          (19) It is the intent of the Legislature that the Utah Department of Transportation use
2290     $250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
2291     Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
2292          (20) It is the intent of the Legislature that the Ogden-Weber Applied Technology
2293     Center use the money appropriated for fiscal year 1995 to design the Metal Trades Building
2294     and purchase equipment for use in that building that could be used in metal trades or other
2295     programs in other Applied Technology Centers.
2296          (21) It is the intent of the Legislature that the Bridgerland Applied Technology Center

2297     and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
2298     considered as the highest priority projects for construction funding in fiscal year 1996.
2299          (22) It is the intent of the Legislature that:
2300          (a) the Division of Facilities Construction and Management complete physical space
2301     utilization standards by June 30, 1995, for the use of technology education activities;
2302          (b) these standards are to be developed with and approved by the State Board of
2303     Education, the Board of Regents, and the Utah State Building Board;
2304          (c) these physical standards be used as the basis for:
2305          (i) determining utilization of any technology space based on number of stations capable
2306     and occupied for any given hour of operation; and
2307          (ii) requests for any new space or remodeling;
2308          (d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
2309     Ogden-Weber Applied Technology Center are exempt from this process; and
2310          (e) the design of the Davis Applied Technology Center take into account the utilization
2311     formulas established by the Division of Facilities Construction and Management.
2312          (23) It is the intent of the Legislature that Utah Valley State College may use the
2313     money from the bond allocated to the remodel of the Signetics building to relocate its technical
2314     education programs at other designated sites or facilities under the supervision of the director
2315     of the Division of Facilities Construction and Management unless supervisory authority is
2316     delegated by the director.
2317          (24) It is the intent of the Legislature that the money provided for the fiscal year 1995
2318     project for the Bridgerland Applied Technology Center be used to design and construct the
2319     space associated with Utah State University and design the technology center portion of the
2320     project.
2321          (25) It is the intent of the Legislature that the governor provide periodic reports on the
2322     expenditure of the funds provided for electronic technology, equipment, and hardware to the
2323     Infrastructure and General Government Appropriations Subcommittee, and the Legislative

2324     Management Committee.
2325          Section 36. Section 63B-4-201 is amended to read:
2326          63B-4-201. Legislative intent statements -- Capital facilities.
2327          (1) (a) It is the intent of the Legislature that the University of Utah use institutional and
2328     other funds to plan, design, and construct two campus child care centers under the supervision
2329     of the director of the Division of Facilities Construction and Management unless supervisory
2330     authority is delegated by the director.
2331          (b) The university shall work with Salt Lake City and the surrounding neighborhood to
2332     ensure site compatibility for future recreational development by the city.
2333          (2) It is the intent of the Legislature that the University of Utah use institutional funds
2334     to plan, design, and construct:
2335          (a) the Union Parking structure under the supervision of the director of the Division of
2336     Facilities Construction and Management unless supervisory authority is delegated by the
2337     director;
2338          (b) the stadium renovation under the supervision of the director of the Division of
2339     Facilities Construction and Management unless supervisory authority is delegated by the
2340     director;
2341          (c) the Huntsman Cancer Institute under the supervision of the director of the Division
2342     of Facilities Construction and Management unless supervisory authority is delegated by the
2343     director;
2344          (d) the Business Case Method Building under the supervision of the director of the
2345     Division of Facilities Construction and Management unless supervisory authority is delegated
2346     by the director; and
2347          (e) the Fine Arts Museum expansion under the supervision of the director of the
2348     Division of Facilities Construction and Management unless supervisory authority is delegated
2349     by the director.
2350          (3) It is the intent of the Legislature that Utah State University use institutional funds to

2351     plan, design, and construct:
2352          (a) a student health services facility under the supervision of the director of the
2353     Division of Facilities Construction and Management unless supervisory authority is delegated
2354     by the director;
2355          (b) a women's softball field under the supervision of the director of the Division of
2356     Facilities Construction and Management unless supervisory authority is delegated by the
2357     director;
2358          (c) an addition to the Nutrition and Food Services Building under the supervision of
2359     the director of the Division of Facilities Construction and Management unless supervisory
2360     authority is delegated by the director; and
2361          (d) a Human Resource Research Center under the supervision of the director of the
2362     Division of Facilities Construction and Management unless supervisory authority is delegated
2363     by the director.
2364          (4) It is the intent of the Legislature that Weber State University use institutional funds
2365     to plan, design, and construct:
2366          (a) a track renovation under the supervision of the director of the Division of Facilities
2367     Construction and Management unless supervisory authority is delegated by the director; and
2368          (b) the Dee Events Center offices under the supervision of the director of the Division
2369     of Facilities Construction and Management unless supervisory authority is delegated by the
2370     director.
2371          (5) It is the intent of the Legislature that Southern Utah University use:
2372          (a) institutional funds to plan, design, and construct an institutional residence under the
2373     supervision of the director of the Division of Facilities Construction and Management unless
2374     supervisory authority is delegated by the director; and
2375          (b) project revenues and other funds to plan, design, and construct the Shakespearean
2376     Festival support facilities under the supervision of the director of the Division of Facilities
2377     Construction and Management unless supervisory authority is delegated by the director.

2378          (6) It is the intent of the Legislature that Dixie College use institutional funds to plan,
2379     design, and construct an institutional residence under the supervision of the director of the
2380     Division of Facilities Construction and Management unless supervisory authority is delegated
2381     by the director.
2382          (7) It is the intent of the Legislature that the Division of Forestry, Fire, and State Lands
2383     use federal and other funds to plan, design, and construct a wetlands enhancement facility
2384     under the supervision of the director of the Division of Facilities Construction and
2385     Management unless supervisory authority is delegated by the director.
2386          (8) (a) As provided in Subsection 63A-5b-609(2), the funds appropriated to the Project
2387     Reserve Fund may only be used for the award of contracts in excess of the construction budget
2388     if these funds are required to meet the intent of the project.
2389          (b) It is the intent of the Legislature that:
2390          (i) up to $2,000,000 of the amount may be used to award the construction contract for
2391     the Ogden Court Building; and
2392          (ii) the need for any funds remaining as of December 31, 1995 be reviewed by the 1996
2393     Legislature.
2394          (9) (a) It is the intent of the Legislature that the State Building Ownership Authority,
2395     under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
2396     or execute obligations or enter into or arrange for a lease purchase agreement in which
2397     participation interests may be created to provide up to $539,700 for the purchase and
2398     demolition of the Keyston property and construction of parking facilities adjacent to the State
2399     Board of Education building in Salt Lake City, with additional amounts necessary to:
2400          (i) pay costs of issuance;
2401          (ii) pay capitalized interest; and
2402          (iii) fund any debt service reserve requirements.
2403          (b) It is the intent of the Legislature that the authority seek out the most cost effective
2404     and prudent lease purchase plan available with technical assistance from the state treasurer, the

2405     director of the Division of Finance, and the executive director of the Governor's Office of
2406     [Management] Planning and Budget.
2407          (10) (a) It is the intent of the Legislature that the money appropriated for Phase One of
2408     the Remodeling/Life Safety Upgrades of the Browning Fine Arts Center at Weber State
2409     University is to include design of full code compliance, life safety, space necessary to maintain
2410     required programs, and seismic upgrades.
2411          (b) The design shall identify the full scope and cost of Phase Two of the remodeling for
2412     funding consideration in the fiscal year 1997 budget cycle.
2413          (11) It is the intent of the Legislature that:
2414          (a) the fiscal year 1996 appropriation for the Davis County Higher Education land
2415     purchase includes up to $250,000 for planning purposes;
2416          (b) the Division of Facilities Construction and Management, the Board of Regents, and
2417     the assigned institution of higher education work jointly to ensure the following elements are
2418     part of the planning process:
2419          (i) projections of student enrollment and programmatic needs for the next 10 years;
2420          (ii) review and make recommendations for better use of existing space, current
2421     technologies, public/private partnerships, and other alternatives as a means to reduce the need
2422     for new facilities and still accommodate the projected student needs; and
2423          (iii) use of a master plan that includes issues of utilities, access, traffic circulation,
2424     drainage, rights of way, future developments, and other infrastructure items considered
2425     appropriate; and
2426          (c) every effort is used to minimize expenditures for this part until a definitive decision
2427     has been made by BRACC relative to Hill Air Force Base.
2428          (12) (a) It is the intent of the Legislature that the State Building Ownership Authority,
2429     under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
2430     or execute obligations or enter into or arrange for a lease purchase agreement in which
2431     participation interests may be created, to provide up to $7,400,000 for the acquisition and

2432     improvement of the Human Services Building located at 120 North 200 West, Salt Lake City,
2433     Utah, with associated parking for the Department of Human Services together with additional
2434     amounts necessary to:
2435          (i) pay costs of issuance;
2436          (ii) pay capitalized interest; and
2437          (iii) fund any debt service reserve requirements.
2438          (b) It is the intent of the Legislature that the authority seek out the most cost effective
2439     and prudent lease purchase plan available with technical assistance from the state treasurer, the
2440     director of the Division of Finance, and the executive director of the Governor's Office of
2441     [Management] Planning and Budget.
2442          (13) (a) It is the intent of the Legislature that the State Building Ownership Authority,
2443     under authority of Title 63B, Chapter 1, Part 3, State Building Ownership Authority Act, issue
2444     or execute obligations or enter into or arrange for a lease purchase agreement in which
2445     participation interests may be created to provide up to $63,218,600 for the construction of a
2446     Salt Lake Courts Complex together with additional amounts necessary to:
2447          (i) pay costs of issuance;
2448          (ii) pay capitalized interest; and
2449          (iii) fund any debt service reserve requirements.
2450          (b) It is the intent of the Legislature that the authority seek out the most cost effective
2451     and prudent lease purchase plan available with technical assistance from the state treasurer, the
2452     director of the Division of Finance, and the executive director of the Governor's Office of
2453     [Management] Planning and Budget.
2454          (c) It is the intent of the Legislature that the Division of Facilities Construction and
2455     Management lease land to the State Building Ownership Authority for the construction of a
2456     Salt Lake Courts Complex.
2457          (14) It is the intent of the Legislature that:
2458          (a) the Board of Regents use the higher education design project money to design no

2459     more than two higher education projects from among the following projects:
2460          (i) Utah State University Eastern - Student Center;
2461          (ii) Snow College - Noyes Building;
2462          (iii) University of Utah - Gardner Hall;
2463          (iv) Utah State University - Widtsoe Hall; or
2464          (v) Southern Utah University - Physical Education Building; and
2465          (b) the higher education institutions that receive approval from the Board of Regents to
2466     design projects under this chapter design those projects under the supervision of the director of
2467     the Division of Facilities Construction and Management unless supervisory authority is
2468     delegated by the director.
2469          (15) It is the intent of the Legislature that:
2470          (a) the Board of Regents may authorize the University of Utah to use institutional
2471     funds and donated funds to design Gardner Hall; and
2472          (b) if authorized by the Board of Regents, the University of Utah may use institutional
2473     funds and donated funds to design Gardner Hall under the supervision of the director of the
2474     Division of Facilities Construction and Management unless supervisory authority is delegated
2475     by the director.
2476          (16) It is the intent of the Legislature that the Division of Facilities Construction and
2477     Management use up to $250,000 of the capital improvement money to fund the site
2478     improvements required at the San Juan campus of the Utah State University Eastern.
2479          Section 37. Section 63B-4-301 is amended to read:
2480          63B-4-301. Bonds for golf course at Wasatch Mountain State Park.
2481          (1) The State Building Ownership Authority under authority of Title 63B, Chapter 1,
2482     Part 3, State Building Ownership Authority Act, may issue or execute obligations, or enter into
2483     or arrange for a lease purchase agreement in which participation interests may be created, to
2484     provide up to $2,500,000 for a new nine-hole golf course at Wasatch Mountain State Park for
2485     the Division of Parks and Recreation, together with additional amounts necessary to:

2486          (a) pay costs of issuance;
2487          (b) pay capitalized interest; and
2488          (c) fund any debt service reserve requirements.
2489          (2) (a) The State Building Ownership Authority shall work cooperatively with the
2490     Division of Parks and Recreation to seek out the most cost effective and prudent lease purchase
2491     plan available.
2492          (b) The state treasurer, the director of the Division of Finance, and the executive
2493     director of the Governor's Office of [Management] Planning and Budget shall provide technical
2494     assistance to accomplish the purpose specified in Subsection (2)(a).
2495          Section 38. Section 63C-4a-308 is amended to read:
2496          63C-4a-308. Commission duties with regards to federal lands.
2497          The commission shall:
2498          (1) review and make recommendations on the transfer of federally controlled public
2499     lands to the state;
2500          (2) review and make recommendations regarding the state's sovereign right to protect
2501     the health, safety, and welfare of its citizens as it relates to public lands, including
2502     recommendations concerning the use of funds in the account created in Section 63C-4a-404;
2503          (3) study and evaluate the recommendations of the public lands transfer study and
2504     economic analysis conducted by the Public Lands Policy Coordinating Office in accordance
2505     with Section [63J-4-606] 63L-11-304;
2506          (4) coordinate with and report on the efforts of the executive branch, the counties and
2507     political subdivisions of the state, the state congressional delegation, western governors, other
2508     states, and other stakeholders concerning the transfer of federally controlled public lands to the
2509     state including convening working groups, such as a working group composed of members of
2510     the Utah Association of Counties;
2511          (5) study and make recommendations regarding the appropriate designation of public
2512     lands transferred to the state, including stewardship of the land and appropriate uses of the

2513     land;
2514          (6) study and make recommendations regarding the use of funds received by the state
2515     from the public lands transferred to the state; and
2516          (7) receive reports from and make recommendations to the attorney general, the
2517     Legislature, and other stakeholders involved in litigation on behalf of the state's interest in the
2518     transfer of public lands to the state, regarding:
2519          (a) preparation for potential litigation;
2520          (b) selection of outside legal counsel;
2521          (c) ongoing legal strategy for the transfer of public lands; and
2522          (d) use of money:
2523          (i) appropriated by the Legislature for the purpose of securing the transfer of public
2524     lands to the state under Section 63C-4a-404; and
2525          (ii) disbursed from the Public Lands Litigation Expendable Special Revenue Fund
2526     created in Section 63C-4a-405.
2527          Section 39. Section 63C-4a-402 is amended to read:
2528          63C-4a-402. Creation of Constitutional Defense Restricted Account -- Sources of
2529     funds -- Uses of funds -- Reports.
2530          (1) There is created a restricted account within the General Fund known as the
2531     Constitutional Defense Restricted Account.
2532          (2) The account consists of money from the following revenue sources:
2533          (a) money deposited to the account as required by Section 53C-3-203;
2534          (b) voluntary contributions;
2535          (c) money received by the council from other state agencies; and
2536          (d) appropriations made by the Legislature.
2537          (3) The Legislature may annually appropriate money from the Constitutional Defense
2538     Restricted Account to one or more of the following:
2539          (a) the commission, to fund the commission and for the commission's duties;

2540          (b) the council, to fund the council and for the council's duties;
2541          (c) the Public Lands Policy Coordinating Office to carry out its duties in Section
2542     [63J-4-603] 63L-11-202;
2543          (d) the Office of the Governor, to be used only for the purpose of asserting, defending,
2544     or litigating:
2545          (i) an issue arising with another state regarding the use or ownership of water; or
2546          (ii) state and local government rights under R.S. 2477, in accordance with a plan
2547     developed and approved as provided in Section 63C-4a-403;
2548          (e) a county or association of counties to assist counties, consistent with the purposes
2549     of the council, in pursuing issues affecting the counties;
2550          (f) the Office of the Attorney General, to be used only:
2551          (i) for public lands counsel and assistance and litigation to the state or local
2552     governments including asserting, defending, or litigating state and local government rights
2553     under R.S. 2477 in accordance with a plan developed and approved as provided in Section
2554     63C-4a-403;
2555          (ii) for an action filed in accordance with Section 67-5-29;
2556          (iii) to advise the council; or
2557          (iv) for asserting, defending, or litigating an issue arising with another state regarding
2558     the use or ownership of water;
2559          (g) the Office of the Attorney General or any other state or local government entity to
2560     bring an action to establish the right of a state or local government officer or employee to enter
2561     onto federal land or use a federal road or an R.S. 2477 road, in the officer's or employee's
2562     official capacity, to protect the health, safety, or welfare of a citizen of the state; or
2563          (h) the Office of Legislative Research and General Counsel, to provide staff support to
2564     the commission.
2565          (4) (a) The council shall require that any entity, other than the commission, that
2566     receives money from the account provide financial reports and litigation reports to the council.

2567          (b) Nothing in this Subsection (4) prohibits the commission or the council from closing
2568     a meeting under Title 52, Chapter 4, Open and Public Meetings Act, or prohibits the
2569     commission or the council from complying with Title 63G, Chapter 2, Government Records
2570     Access and Management Act.
2571          Section 40. Section 63C-9-301 is amended to read:
2572          63C-9-301. Board powers -- Subcommittees.
2573          (1) The board shall:
2574          (a) except as provided in Subsection (2), exercise complete jurisdiction and
2575     stewardship over capitol hill facilities, capitol hill grounds, and the capitol hill complex;
2576          (b) preserve, maintain, and restore the capitol hill complex, capitol hill facilities,
2577     capitol hill grounds, and their contents;
2578          (c) before October 1 of each year, review and approve the executive director's annual
2579     budget request for submittal to the governor and Legislature;
2580          (d) by October 1 of each year, prepare and submit a recommended budget request for
2581     the upcoming fiscal year for the capitol hill complex to:
2582          (i) the governor, through the Governor's Office of [Management] Planning and Budget;
2583     and
2584          (ii) the Legislature's appropriations subcommittee responsible for capitol hill facilities,
2585     through the Office of the Legislative Fiscal Analyst;
2586          (e) review and approve the executive director's:
2587          (i) annual work plan;
2588          (ii) long-range master plan for the capitol hill complex, capitol hill facilities, and
2589     capitol hill grounds; and
2590          (iii) furnishings plan for placement and care of objects under the care of the board;
2591          (f) approve all changes to the buildings and their grounds, including:
2592          (i) restoration, remodeling, and rehabilitation projects;
2593          (ii) usual maintenance program; and

2594          (iii) any transfers or loans of objects under the board's care;
2595          (g) define and identify all significant aspects of the capitol hill complex, capitol hill
2596     facilities, and capitol hill grounds, after consultation with the:
2597          (i) Division of Facilities Construction and Management;
2598          (ii) State Library Division;
2599          (iii) Division of Archives and Records Service;
2600          (iv) Division of State History;
2601          (v) Office of Museum Services; and
2602          (vi) Arts Council;
2603          (h) inventory, define, and identify all significant contents of the buildings and all
2604     state-owned items of historical significance that were at one time in the buildings, after
2605     consultation with the:
2606          (i) Division of Facilities Construction and Management;
2607          (ii) State Library Division;
2608          (iii) Division of Archives and Records Service;
2609          (iv) Division of State History;
2610          (v) Office of Museum Services; and
2611          (vi) Arts Council;
2612          (i) maintain archives relating to the construction and development of the buildings, the
2613     contents of the buildings and their grounds, including documents such as plans, specifications,
2614     photographs, purchase orders, and other related documents, the original copies of which shall
2615     be maintained by the Division of Archives and Records Service;
2616          (j) comply with federal and state laws related to program and facility accessibility; and
2617          (k) establish procedures for receiving, hearing, and deciding complaints or other issues
2618     raised about the capitol hill complex, capitol hill facilities, and capitol hill grounds, or their
2619     use.
2620          (2) (a) Notwithstanding Subsection (1)(a), the supervision and control of the legislative

2621     area, as defined in Section 36-5-1, is reserved to the Legislature; and
2622          (b) the supervision and control of the governor's area, as defined in Section 67-1-16, is
2623     reserved to the governor.
2624          (3) (a) The board shall make rules to govern, administer, and regulate the capitol hill
2625     complex, capitol hill facilities, and capitol hill grounds by following the procedures and
2626     requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2627          (b) A violation of a rule relating to the use of the capitol hill complex adopted by the
2628     board under the authority of this Subsection (3) is an infraction.
2629          (c) If an act violating a rule under Subsection (3)(b) also amounts to an offense subject
2630     to a greater penalty under this title, Title 32B, Alcoholic Beverage Control Act, Title 41, Motor
2631     Vehicles, Title 76, Utah Criminal Code, or other provision of state law, Subsection (3)(b) does
2632     not prohibit prosecution and sentencing for the more serious offense.
2633          (d) In addition to any punishment allowed under Subsections (3)(b) and (c), a person
2634     who violates a rule adopted by the board under the authority of this Subsection (3) is subject to
2635     a civil penalty not to exceed $2,500 for each violation, plus the amount of any actual damages,
2636     expenses, and costs related to the violation of the rule that are incurred by the state.
2637          (e) The board may take any other legal action allowed by law.
2638          (f) The board may not apply this section or rules adopted under the authority of this
2639     section in a manner that violates a person's rights under the Utah Constitution or the First
2640     Amendment to the United States Constitution, including the right of persons to peaceably
2641     assemble.
2642          (g) The board shall send proposed rules under this section to the legislative general
2643     counsel and the governor's general counsel for review and comment before the board adopts the
2644     rules.
2645          (4) The board is exempt from the requirements of Title 63G, Chapter 6a, Utah
2646     Procurement Code, but shall adopt procurement rules substantially similar to the requirements
2647     of that chapter.

2648          (5) The board shall name the House Building, that is defined in Section 36-5-1, the
2649     "Rebecca D. Lockhart House Building."
2650          (6) (a) The board may:
2651          (i) establish subcommittees made up of board members and members of the public to
2652     assist and support the executive director in accomplishing the executive director's duties;
2653          (ii) establish fees for the use of capitol hill facilities and capitol hill grounds;
2654          (iii) assign and allocate specific duties and responsibilities to any other state agency, if
2655     the other agency agrees to perform the duty or accept the responsibility;
2656          (iv) contract with another state agency to provide services;
2657          (v) delegate by specific motion of the board any authority granted to it by this section
2658     to the executive director;
2659          (vi) in conjunction with Salt Lake City, expend money to improve or maintain public
2660     property contiguous to East Capitol Boulevard and capitol hill;
2661          (vii) provide wireless Internet service to the public without a fee in any capitol hill
2662     facility; and
2663          (viii) when necessary, consult with the:
2664          (A) Division of Facilities Construction and Management;
2665          (B) State Library Division;
2666          (C) Division of Archives and Records Service;
2667          (D) Division of State History;
2668          (E) Office of Museum Services; and
2669          (F) Arts Council.
2670          (b) The board's provision of wireless Internet service under Subsection (6)(a)(vii) shall
2671     be discontinued in the legislative area if the president of the Senate and the speaker of the
2672     House of Representatives each submit a signed letter to the board indicating that the service is
2673     disruptive to the legislative process and is to be discontinued.
2674          (c) If a budget subcommittee is established by the board, the following shall serve as ex

2675     officio, nonvoting members of the budget subcommittee:
2676          (i) the legislative fiscal analyst, or the analyst's designee, who shall be from the Office
2677     of the Legislative Fiscal Analyst; and
2678          (ii) the executive director of the Governor's Office of [Management] Planning and
2679     Budget, or the executive director's designee, who shall be from the Governor's Office of
2680     [Management] Planning and Budget.
2681          (d) If a preservation and maintenance subcommittee is established by the board, the
2682     board may, by majority vote, appoint one or each of the following to serve on the
2683     subcommittee as voting members of the subcommittee:
2684          (i) an architect, who shall be selected from a list of three architects submitted by the
2685     American Institute of Architects; or
2686          (ii) an engineer, who shall be selected from a list of three engineers submitted by the
2687     American Civil Engineers Council.
2688          (e) If the board establishes any subcommittees, the board may, by majority vote,
2689     appoint up to two people who are not members of the board to serve, at the will of the board, as
2690     nonvoting members of a subcommittee.
2691          (f) Members of each subcommittee shall, at the first meeting of each calendar year,
2692     select one individual to act as chair of the subcommittee for a one-year term.
2693          (7) (a) The board, and the employees of the board, may not move the office of the
2694     governor, lieutenant governor, president of the Senate, speaker of the House of
2695     Representatives, or a member of the Legislature from the State Capitol unless the removal is
2696     approved by:
2697          (i) the governor, in the case of the governor's office;
2698          (ii) the lieutenant governor, in the case of the lieutenant governor's office;
2699          (iii) the president of the Senate, in the case of the president's office or the office of a
2700     member of the Senate; or
2701          (iv) the speaker of the House of Representatives, in the case of the speaker's office or

2702     the office of a member of the House.
2703          (b) The board and the employees of the board have no control over the furniture,
2704     furnishings, and decorative objects in the offices of the governor, lieutenant governor, or the
2705     members of the Legislature except as necessary to inventory or conserve items of historical
2706     significance owned by the state.
2707          (c) The board and the employees of the board have no control over records and
2708     documents produced by or in the custody of a state agency, official, or employee having an
2709     office in a building on the capitol hill complex.
2710          (d) Except for items identified by the board as having historical significance, and
2711     except as provided in Subsection (7)(b), the board and the employees of the board have no
2712     control over moveable furnishings and equipment in the custody of a state agency, official, or
2713     employee having an office in a building on the capitol hill complex.
2714          Section 41. Section 63C-20-103 is amended to read:
2715          63C-20-103. Utah Population Committee -- Creation.
2716          (1) There is created the Utah Population Committee composed of the following
2717     members:
2718          (a) the director of the Kem C. Gardner Policy Institute at the University of Utah or the
2719     director's designee;
2720          (b) the director of the Population Research Laboratory at Utah State University or the
2721     director's designee;
2722          (c) the state planning coordinator appointed under Section [63J-4-202] 63J-4-401;
2723          (d) the director of the Workforce Research and Analysis Division within the
2724     Department of Workforce Services or the director's designee;
2725          (e) the director of the Office of Vital Records and Statistics or the director's designee;
2726          (f) the state superintendent of public instruction or the superintendent's designee;
2727          (g) the chair of the State Tax Commission or the chair's designee;
2728          (h) the legislative fiscal analyst or the legislative fiscal analyst's designee;

2729          (i) the commissioner of higher education or the commissioner's designee; and
2730          (j) any additional member appointed under Subsection (2).
2731          (2) (a) By a majority vote of the members of the committee, the committee may
2732     appoint one or more additional members to serve on the committee at the pleasure of the
2733     committee.
2734          (b) The committee shall ensure that each additional member appointed under
2735     Subsection (2)(a) is a data provider or a representative of a data provider.
2736          (3) The director of the Kem C. Gardner Policy Institute or the director's designee
2737     described in Subsection (1)(a) is the chair of the committee.
2738          Section 42. Section 63C-20-105 is amended to read:
2739          63C-20-105. State use of committee estimates -- Compliance.
2740          (1) Except as provided in Subsection (2), and unless otherwise provided in statute or
2741     rule, if an executive branch entity, legislative branch entity, or independent entity is required to
2742     perform an action or make a determination based on a population estimate, the entity shall use
2743     a population estimate that the committee produces, if available.
2744          (2) (a) The Governor's Office of [Management] Planning and Budget may make rules
2745     in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to use a
2746     population estimate other than a population estimate that the committee produces.
2747          (b) For the purpose of creating a revenue estimate, the Governor's Office of
2748     [Management] Planning and Budget and the Office of the Legislative Fiscal Analyst are not
2749     required to use a population estimate that the committee produces.
2750          (c) For redistricting purposes, a legislative branch entity shall give priority to a
2751     population estimate that is produced by the United States Bureau of the Census.
2752          (3) A newly incorporated political subdivision shall provide the committee with a list
2753     of residential building permits issued within the boundaries of the political subdivision since
2754     the last decennial census.
2755          Section 43. Section 63F-1-104 is amended to read:

2756          63F-1-104. Duties of Department of Technology Services.
2757          The department shall:
2758          (1) lead state executive branch agency efforts to establish and reengineer the state's
2759     information technology architecture with the goal of coordinating central and individual agency
2760     information technology in a manner that:
2761          (a) ensures compliance with the executive branch agency strategic plan; and
2762          (b) ensures that cost-effective, efficient information and communication systems and
2763     resources are being used by agencies to:
2764          (i) reduce data, hardware, and software redundancy;
2765          (ii) improve system interoperability and data accessibility between agencies; and
2766          (iii) meet the agency's and user's business and service needs;
2767          (2) coordinate an executive branch strategic plan for all agencies;
2768          (3) develop and implement processes to replicate information technology best practices
2769     and standards throughout the executive branch;
2770          (4) at least once every odd-numbered year:
2771          (a) evaluate the adequacy of the department's and the executive branch agencies' data
2772     and information technology system security standards through an independent third party
2773     assessment; and
2774          (b) communicate the results of the independent third party assessment to the
2775     appropriate executive branch agencies and to the president of the Senate and the speaker of the
2776     House of Representatives;
2777          (5) oversee the expanded use and implementation of project and contract management
2778     principles as they relate to information technology projects within the executive branch;
2779          (6) serve as general contractor between the state's information technology users and
2780     private sector providers of information technology products and services;
2781          (7) work toward building stronger partnering relationships with providers;
2782          (8) develop service level agreements with executive branch departments and agencies

2783     to ensure quality products and services are delivered on schedule and within budget;
2784          (9) develop standards for application development including a standard methodology
2785     and cost-benefit analysis that all agencies shall utilize for application development activities;
2786          (10) determine and implement statewide efforts to standardize data elements;
2787          (11) coordinate with executive branch agencies to provide basic website standards for
2788     agencies that address common design standards and navigation standards, including:
2789          (a) accessibility for individuals with disabilities in accordance with:
2790          (i) the standards of 29 U.S.C. Sec. 794d; and
2791          (ii) Section 63F-1-210;
2792          (b) consistency with standardized government security standards;
2793          (c) designing around user needs with data-driven analysis influencing management and
2794     development decisions, using qualitative and quantitative data to determine user goals, needs,
2795     and behaviors, and continual testing of the website, web-based form, web-based application, or
2796     digital service to ensure that user needs are addressed;
2797          (d) providing users of the website, web-based form, web-based application, or digital
2798     service with the option for a more customized digital experience that allows users to complete
2799     digital transactions in an efficient and accurate manner; and
2800          (e) full functionality and usability on common mobile devices;
2801          (12) consider, when making a purchase for an information system, cloud computing
2802     options, including any security benefits, privacy, data retention risks, and cost savings
2803     associated with cloud computing options;
2804          (13) develop systems and methodologies to review, evaluate, and prioritize existing
2805     information technology projects within the executive branch and report to the governor and the
2806     Public Utilities, Energy, and Technology Interim Committee in accordance with 63F-1-201 on
2807     a semiannual basis regarding the status of information technology projects;
2808          (14) assist the Governor's Office of [Management] Planning and Budget with the
2809     development of information technology budgets for agencies; and

2810          (15) ensure that any training or certification required of a public official or public
2811     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
2812     22, State Training and Certification Requirements, if the training or certification is required:
2813          (a) under this title;
2814          (b) by the department; or
2815          (c) by an agency or division within the department.
2816          Section 44. Section 63F-1-302 is amended to read:
2817          63F-1-302. Information Technology Rate Committee -- Membership -- Duties.
2818          (1) (a) There is created an Information Technology Rate Committee, which shall
2819     consist of the executive directors, or the executive director's designee, of seven executive
2820     branch agencies that use services and pay rates to one of the department internal service funds,
2821     appointed by the governor for a two-year term.
2822          (b) (i) Of the seven executive agencies represented on the rate committee under
2823     Subsection (1)(a), only one of the following may be represented on the committee, if at all, at
2824     any one time:
2825          (A) the Governor's Office of [Management] Planning and Budget;
2826          (B) the Division of Finance; or
2827          (C) the Department of Administrative Services.
2828          (ii) The department may not have a representative on the rate committee.
2829          (c) (i) The committee shall elect a chair from [its] the committee's members.
2830          (ii) Members of the committee who are state government employees and who do not
2831     receive salary, per diem, or expenses from their agency for their service on the committee shall
2832     receive no compensation, benefits, per diem, or expenses for the member's service on the
2833     committee.
2834          (d) The department shall provide staff services to the committee.
2835          (2) (a) Any internal service funds managed by the department shall submit to the
2836     committee a proposed rate and fee schedule for services rendered by the department to an

2837     executive branch agency or an entity that subscribes to services rendered by the department.
2838          (b) The committee shall:
2839          (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
2840     Act;
2841          (ii) meet at least once each calendar year to:
2842          (A) discuss the service performance of each internal service fund;
2843          (B) review the proposed rate and fee schedules;
2844          (C) determine whether each proposed fee is based on cost recovery as required by
2845     Subsection 63F-1-301(2)(b);
2846           (D) at the rate committee's discretion, approve, increase, or decrease the rate and fee
2847     schedules described in Subsection (2)(b)(ii)(B); and
2848          (E) discuss any prior or potential adjustments to the service level received by state
2849     agencies that pay rates to an internal service fund;
2850          (iii) recommend a proposed rate and fee schedule for each internal service fund to:
2851          (A) the Governor's Office of [Management] Planning and Budget; and
2852          (B) the Office of the Legislative Fiscal Analyst for review by the Legislature in
2853     accordance with Section 63J-1-410, which requires the Legislature to approve the internal
2854     service fund agency's rates, fees, and budget in an appropriations act; and
2855          (iv) in accordance with Section 63J-1-410, review and approve, increase or decrease an
2856     interim rate, fee, or amount when an internal service fund agency begins a new service or
2857     introduces a new product between annual general sessions of the Legislature, which rate, fee, or
2858     amount shall be submitted to the Legislature at the next annual general session.
2859          (c) The committee may, in accordance with Subsection 63J-1-410(4), decrease a rate,
2860     fee, or amount that has been approved by the Legislature.
2861          Section 45. Section 63F-1-508 is amended to read:
2862          63F-1-508. Committee to award grants to counties for inventory and mapping of
2863     R.S. 2477 rights-of-way -- Use of grants -- Request for proposals.

2864          (1) There is created within the center a committee to award grants to counties to
2865     inventory and map R.S. 2477 rights-of-way, associated structures, and other features as
2866     provided by Subsection (5).
2867          (2) (a) The committee shall consist of:
2868          (i) the center manager;
2869          (ii) a representative of the Governor's Office of [Management] Planning and Budget;
2870          (iii) a representative of Utah State University Extension;
2871          (iv) a representative of the Utah Association of Counties; and
2872          (v) three county commissioners.
2873          (b) The committee members specified in Subsections (2)(a)(ii) through (2)(a)(iv) shall
2874     be selected by the organizations they represent.
2875          (c) The committee members specified in Subsection (2)(a)(v) shall be:
2876          (i) selected by the Utah Association of Counties;
2877          (ii) from rural counties; and
2878          (iii) from different regions of the state.
2879          (3) (a) The committee shall select a chair from [its] the committee's membership.
2880          (b) The committee shall meet upon the call of the chair or a majority of the committee
2881     members.
2882          (c) Four members shall constitute a quorum.
2883          (4) (a) Committee members who are state government employees shall receive no
2884     additional compensation for their work on the committee.
2885          (b) Committee members who are not state government employees shall receive no
2886     compensation or expenses from the state for their work on the committee.
2887          (5) (a) The committee shall award grants to counties to:
2888          (i) inventory and map R.S. 2477 rights-of-way using Global Positioning System (GPS)
2889     technology; and
2890          (ii) photograph:

2891          (A) roads and other evidence of construction of R.S. 2477 rights-of-way;
2892          (B) structures or natural features that may be indicative of the purpose for which an
2893     R.S. 2477 right-of-way was created, such as mines, agricultural facilities, recreational
2894     facilities, or scenic overlooks; and
2895          (C) evidence of valid and existing rights on federal lands, such as mines and
2896     agricultural facilities.
2897          (b) (i) The committee may allow counties, while they are conducting the activities
2898     described in Subsection (5)(a), to use grant money to inventory, map, or photograph other
2899     natural or cultural resources.
2900          (ii) Activities funded under Subsection (5)(b)(i) must be integrated with existing
2901     programs underway by state agencies, counties, or institutions of higher education.
2902          (c) Maps and other data acquired through the grants shall become a part of the State
2903     Geographic Information Database.
2904          (d) Counties shall provide an opportunity to interested parties to submit information
2905     relative to the mapping and photographing of R.S. 2477 rights-of-way and other structures as
2906     provided in Subsections (5)(a) and (5)(b).
2907          (6) (a) The committee shall develop a request for proposals process and issue a request
2908     for proposals.
2909          (b) The request for proposals shall require each grant applicant to submit an
2910     implementation plan and identify any monetary or in-kind contributions from the county.
2911          (c) In awarding grants, the committee shall give priority to proposals to inventory, map,
2912     and photograph R.S. 2477 rights-of-way and other structures as specified in Subsection (5)(a)
2913     which are located on federal lands that:
2914          (i) a federal land management agency proposes for special management, such as lands
2915     to be managed as an area of critical environmental concern or primitive area; or
2916          (ii) are proposed to receive a special designation by Congress, such as lands to be
2917     designated as wilderness or a national conservation area.

2918          (7) Each county that receives a grant under the provision of this section shall provide a
2919     copy of all data regarding inventory and mapping to the AGRC for inclusion in the state
2920     database.
2921          Section 46. Section 63F-3-103 is amended to read:
2922          63F-3-103. Single sign-on business portal -- Creation.
2923          (1) The department shall, in consultation with the entities described in Subsection (4),
2924     design and create a single sign-on business portal that is:
2925          (a) a web portal through which a person may access data described in Subsection (2),
2926     as agreed upon by the entities described in Subsection (4); and
2927          (b) secure, centralized, and interconnected.
2928          (2) The department shall ensure that the single sign-on business portal allows a person
2929     doing business in the state to access, at a single point of entry, all relevant state-collected
2930     business data about the person, including information related to:
2931          (a) business registration;
2932          (b) workers' compensation;
2933          (c) beginning December 1, 2020, tax liability and payment; and
2934          (d) other information collected by the state that the department determines is relevant
2935     to a person doing business in the state.
2936          (3) The department shall develop the single sign-on business portal:
2937          (a) using an open platform that:
2938          (i) facilitates participation in the web portal by a state entity;
2939          (ii) allows for optional participation by a political subdivision of the state; and
2940          (iii) contains a link to the State Tax Commission website; and
2941          (b) in a manner that anticipates the creation of the single sign-on citizen portal
2942     described in Section 63F-3-103.5.
2943          (4) In developing the single sign-on business portal, the department shall consult with:
2944          (a) the Department of Commerce;

2945          (b) the State Tax Commission;
2946          (c) the Labor Commission;
2947          (d) the Department of Workforce Services;
2948          (e) the Governor's Office of [Management] Planning and Budget;
2949          (f) the Utah League of Cities and Towns;
2950          (g) the Utah Association of Counties; and
2951          (h) the business community that is likely to use the single sign-on business portal.
2952          (5) The department shall ensure that the single sign-on business portal is fully
2953     operational no later than May 1, 2021.
2954          Section 47. Section 63F-4-102 is amended to read:
2955          63F-4-102. Definitions.
2956          As used in this chapter:
2957          (1) "Executive branch agency" means a department, division, or other agency within
2958     the executive branch of state government.
2959          (2) "Governor's budget office" means the Governor's Office of [Management] Planning
2960     and Budget, created in Section 63J-4-201.
2961          (3) "Review board" means the Architecture Review Board established within the
2962     department.
2963          (4) "Technology innovation" means a new information technology not previously in
2964     use or a substantial adaptation or modification of an existing information technology.
2965          (5) "Technology proposal" means a proposal to implement a technology innovation
2966     designed to result in a greater efficiency in a government process or a cost saving in the
2967     delivery of a government service, or both.
2968          Section 48. Section 63G-2-305 is amended to read:
2969          63G-2-305. Protected records.
2970          The following records are protected if properly classified by a governmental entity:
2971          (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret

2972     has provided the governmental entity with the information specified in Section 63G-2-309;
2973          (2) commercial information or nonindividual financial information obtained from a
2974     person if:
2975          (a) disclosure of the information could reasonably be expected to result in unfair
2976     competitive injury to the person submitting the information or would impair the ability of the
2977     governmental entity to obtain necessary information in the future;
2978          (b) the person submitting the information has a greater interest in prohibiting access
2979     than the public in obtaining access; and
2980          (c) the person submitting the information has provided the governmental entity with
2981     the information specified in Section 63G-2-309;
2982          (3) commercial or financial information acquired or prepared by a governmental entity
2983     to the extent that disclosure would lead to financial speculations in currencies, securities, or
2984     commodities that will interfere with a planned transaction by the governmental entity or cause
2985     substantial financial injury to the governmental entity or state economy;
2986          (4) records, the disclosure of which could cause commercial injury to, or confer a
2987     competitive advantage upon a potential or actual competitor of, a commercial project entity as
2988     defined in Subsection 11-13-103(4);
2989          (5) test questions and answers to be used in future license, certification, registration,
2990     employment, or academic examinations;
2991          (6) records, the disclosure of which would impair governmental procurement
2992     proceedings or give an unfair advantage to any person proposing to enter into a contract or
2993     agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
2994     Subsection (6) does not restrict the right of a person to have access to, after the contract or
2995     grant has been awarded and signed by all parties:
2996          (a) a bid, proposal, application, or other information submitted to or by a governmental
2997     entity in response to:
2998          (i) an invitation for bids;

2999          (ii) a request for proposals;
3000          (iii) a request for quotes;
3001          (iv) a grant; or
3002          (v) other similar document; or
3003          (b) an unsolicited proposal, as defined in Section 63G-6a-712;
3004          (7) information submitted to or by a governmental entity in response to a request for
3005     information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
3006     the right of a person to have access to the information, after:
3007          (a) a contract directly relating to the subject of the request for information has been
3008     awarded and signed by all parties; or
3009          (b) (i) a final determination is made not to enter into a contract that relates to the
3010     subject of the request for information; and
3011          (ii) at least two years have passed after the day on which the request for information is
3012     issued;
3013          (8) records that would identify real property or the appraisal or estimated value of real
3014     or personal property, including intellectual property, under consideration for public acquisition
3015     before any rights to the property are acquired unless:
3016          (a) public interest in obtaining access to the information is greater than or equal to the
3017     governmental entity's need to acquire the property on the best terms possible;
3018          (b) the information has already been disclosed to persons not employed by or under a
3019     duty of confidentiality to the entity;
3020          (c) in the case of records that would identify property, potential sellers of the described
3021     property have already learned of the governmental entity's plans to acquire the property;
3022          (d) in the case of records that would identify the appraisal or estimated value of
3023     property, the potential sellers have already learned of the governmental entity's estimated value
3024     of the property; or
3025          (e) the property under consideration for public acquisition is a single family residence

3026     and the governmental entity seeking to acquire the property has initiated negotiations to acquire
3027     the property as required under Section 78B-6-505;
3028          (9) records prepared in contemplation of sale, exchange, lease, rental, or other
3029     compensated transaction of real or personal property including intellectual property, which, if
3030     disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
3031     of the subject property, unless:
3032          (a) the public interest in access is greater than or equal to the interests in restricting
3033     access, including the governmental entity's interest in maximizing the financial benefit of the
3034     transaction; or
3035          (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
3036     the value of the subject property have already been disclosed to persons not employed by or
3037     under a duty of confidentiality to the entity;
3038          (10) records created or maintained for civil, criminal, or administrative enforcement
3039     purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
3040     release of the records:
3041          (a) reasonably could be expected to interfere with investigations undertaken for
3042     enforcement, discipline, licensing, certification, or registration purposes;
3043          (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
3044     proceedings;
3045          (c) would create a danger of depriving a person of a right to a fair trial or impartial
3046     hearing;
3047          (d) reasonably could be expected to disclose the identity of a source who is not
3048     generally known outside of government and, in the case of a record compiled in the course of
3049     an investigation, disclose information furnished by a source not generally known outside of
3050     government if disclosure would compromise the source; or
3051          (e) reasonably could be expected to disclose investigative or audit techniques,
3052     procedures, policies, or orders not generally known outside of government if disclosure would

3053     interfere with enforcement or audit efforts;
3054          (11) records the disclosure of which would jeopardize the life or safety of an
3055     individual;
3056          (12) records the disclosure of which would jeopardize the security of governmental
3057     property, governmental programs, or governmental recordkeeping systems from damage, theft,
3058     or other appropriation or use contrary to law or public policy;
3059          (13) records that, if disclosed, would jeopardize the security or safety of a correctional
3060     facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
3061     with the control and supervision of an offender's incarceration, treatment, probation, or parole;
3062          (14) records that, if disclosed, would reveal recommendations made to the Board of
3063     Pardons and Parole by an employee of or contractor for the Department of Corrections, the
3064     Board of Pardons and Parole, or the Department of Human Services that are based on the
3065     employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
3066     jurisdiction;
3067          (15) records and audit workpapers that identify audit, collection, and operational
3068     procedures and methods used by the State Tax Commission, if disclosure would interfere with
3069     audits or collections;
3070          (16) records of a governmental audit agency relating to an ongoing or planned audit
3071     until the final audit is released;
3072          (17) records that are subject to the attorney client privilege;
3073          (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
3074     employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
3075     quasi-judicial, or administrative proceeding;
3076          (19) (a) (i) personal files of a state legislator, including personal correspondence to or
3077     from a member of the Legislature; and
3078          (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
3079     legislative action or policy may not be classified as protected under this section; and

3080          (b) (i) an internal communication that is part of the deliberative process in connection
3081     with the preparation of legislation between:
3082          (A) members of a legislative body;
3083          (B) a member of a legislative body and a member of the legislative body's staff; or
3084          (C) members of a legislative body's staff; and
3085          (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
3086     legislative action or policy may not be classified as protected under this section;
3087          (20) (a) records in the custody or control of the Office of Legislative Research and
3088     General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
3089     legislation or contemplated course of action before the legislator has elected to support the
3090     legislation or course of action, or made the legislation or course of action public; and
3091          (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
3092     Office of Legislative Research and General Counsel is a public document unless a legislator
3093     asks that the records requesting the legislation be maintained as protected records until such
3094     time as the legislator elects to make the legislation or course of action public;
3095          (21) research requests from legislators to the Office of Legislative Research and
3096     General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
3097     in response to these requests;
3098          (22) drafts, unless otherwise classified as public;
3099          (23) records concerning a governmental entity's strategy about:
3100          (a) collective bargaining; or
3101          (b) imminent or pending litigation;
3102          (24) records of investigations of loss occurrences and analyses of loss occurrences that
3103     may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
3104     Uninsured Employers' Fund, or similar divisions in other governmental entities;
3105          (25) records, other than personnel evaluations, that contain a personal recommendation
3106     concerning an individual if disclosure would constitute a clearly unwarranted invasion of

3107     personal privacy, or disclosure is not in the public interest;
3108          (26) records that reveal the location of historic, prehistoric, paleontological, or
3109     biological resources that if known would jeopardize the security of those resources or of
3110     valuable historic, scientific, educational, or cultural information;
3111          (27) records of independent state agencies if the disclosure of the records would
3112     conflict with the fiduciary obligations of the agency;
3113          (28) records of an institution within the state system of higher education defined in
3114     Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
3115     retention decisions, and promotions, which could be properly discussed in a meeting closed in
3116     accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
3117     the final decisions about tenure, appointments, retention, promotions, or those students
3118     admitted, may not be classified as protected under this section;
3119          (29) records of the governor's office, including budget recommendations, legislative
3120     proposals, and policy statements, that if disclosed would reveal the governor's contemplated
3121     policies or contemplated courses of action before the governor has implemented or rejected
3122     those policies or courses of action or made them public;
3123          (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
3124     revenue estimates, and fiscal notes of proposed legislation before issuance of the final
3125     recommendations in these areas;
3126          (31) records provided by the United States or by a government entity outside the state
3127     that are given to the governmental entity with a requirement that they be managed as protected
3128     records if the providing entity certifies that the record would not be subject to public disclosure
3129     if retained by it;
3130          (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
3131     public body except as provided in Section 52-4-206;
3132          (33) records that would reveal the contents of settlement negotiations but not including
3133     final settlements or empirical data to the extent that they are not otherwise exempt from

3134     disclosure;
3135          (34) memoranda prepared by staff and used in the decision-making process by an
3136     administrative law judge, a member of the Board of Pardons and Parole, or a member of any
3137     other body charged by law with performing a quasi-judicial function;
3138          (35) records that would reveal negotiations regarding assistance or incentives offered
3139     by or requested from a governmental entity for the purpose of encouraging a person to expand
3140     or locate a business in Utah, but only if disclosure would result in actual economic harm to the
3141     person or place the governmental entity at a competitive disadvantage, but this section may not
3142     be used to restrict access to a record evidencing a final contract;
3143          (36) materials to which access must be limited for purposes of securing or maintaining
3144     the governmental entity's proprietary protection of intellectual property rights including patents,
3145     copyrights, and trade secrets;
3146          (37) the name of a donor or a prospective donor to a governmental entity, including an
3147     institution within the state system of higher education defined in Section 53B-1-102, and other
3148     information concerning the donation that could reasonably be expected to reveal the identity of
3149     the donor, provided that:
3150          (a) the donor requests anonymity in writing;
3151          (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
3152     classified protected by the governmental entity under this Subsection (37); and
3153          (c) except for an institution within the state system of higher education defined in
3154     Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
3155     in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
3156     over the donor, a member of the donor's immediate family, or any entity owned or controlled
3157     by the donor or the donor's immediate family;
3158          (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
3159     73-18-13;
3160          (39) a notification of workers' compensation insurance coverage described in Section

3161     34A-2-205;
3162          (40) (a) the following records of an institution within the state system of higher
3163     education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
3164     or received by or on behalf of faculty, staff, employees, or students of the institution:
3165          (i) unpublished lecture notes;
3166          (ii) unpublished notes, data, and information:
3167          (A) relating to research; and
3168          (B) of:
3169          (I) the institution within the state system of higher education defined in Section
3170     53B-1-102; or
3171          (II) a sponsor of sponsored research;
3172          (iii) unpublished manuscripts;
3173          (iv) creative works in process;
3174          (v) scholarly correspondence; and
3175          (vi) confidential information contained in research proposals;
3176          (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
3177     information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
3178          (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
3179          (41) (a) records in the custody or control of the Office of the Legislative Auditor
3180     General that would reveal the name of a particular legislator who requests a legislative audit
3181     prior to the date that audit is completed and made public; and
3182          (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
3183     Office of the Legislative Auditor General is a public document unless the legislator asks that
3184     the records in the custody or control of the Office of the Legislative Auditor General that would
3185     reveal the name of a particular legislator who requests a legislative audit be maintained as
3186     protected records until the audit is completed and made public;
3187          (42) records that provide detail as to the location of an explosive, including a map or

3188     other document that indicates the location of:
3189          (a) a production facility; or
3190          (b) a magazine;
3191          (43) information:
3192          (a) contained in the statewide database of the Division of Aging and Adult Services
3193     created by Section 62A-3-311.1; or
3194          (b) received or maintained in relation to the Identity Theft Reporting Information
3195     System (IRIS) established under Section 67-5-22;
3196          (44) information contained in the Management Information System and Licensing
3197     Information System described in Title 62A, Chapter 4a, Child and Family Services;
3198          (45) information regarding National Guard operations or activities in support of the
3199     National Guard's federal mission;
3200          (46) records provided by any pawn or secondhand business to a law enforcement
3201     agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
3202     Secondhand Merchandise Transaction Information Act;
3203          (47) information regarding food security, risk, and vulnerability assessments performed
3204     by the Department of Agriculture and Food;
3205          (48) except to the extent that the record is exempt from this chapter pursuant to Section
3206     63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
3207     prepared or maintained by the Division of Emergency Management, and the disclosure of
3208     which would jeopardize:
3209          (a) the safety of the general public; or
3210          (b) the security of:
3211          (i) governmental property;
3212          (ii) governmental programs; or
3213          (iii) the property of a private person who provides the Division of Emergency
3214     Management information;

3215          (49) records of the Department of Agriculture and Food that provides for the
3216     identification, tracing, or control of livestock diseases, including any program established under
3217     Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
3218     of Animal Disease;
3219          (50) as provided in Section 26-39-501:
3220          (a) information or records held by the Department of Health related to a complaint
3221     regarding a child care program or residential child care which the department is unable to
3222     substantiate; and
3223          (b) information or records related to a complaint received by the Department of Health
3224     from an anonymous complainant regarding a child care program or residential child care;
3225          (51) unless otherwise classified as public under Section 63G-2-301 and except as
3226     provided under Section 41-1a-116, an individual's home address, home telephone number, or
3227     personal mobile phone number, if:
3228          (a) the individual is required to provide the information in order to comply with a law,
3229     ordinance, rule, or order of a government entity; and
3230          (b) the subject of the record has a reasonable expectation that this information will be
3231     kept confidential due to:
3232          (i) the nature of the law, ordinance, rule, or order; and
3233          (ii) the individual complying with the law, ordinance, rule, or order;
3234          (52) the portion of the following documents that contains a candidate's residential or
3235     mailing address, if the candidate provides to the filing officer another address or phone number
3236     where the candidate may be contacted:
3237          (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
3238     described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
3239     20A-9-408.5, 20A-9-502, or 20A-9-601;
3240          (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
3241          (c) a notice of intent to gather signatures for candidacy, described in Section

3242     20A-9-408;
3243          (53) the name, home address, work addresses, and telephone numbers of an individual
3244     that is engaged in, or that provides goods or services for, medical or scientific research that is:
3245          (a) conducted within the state system of higher education, as defined in Section
3246     53B-1-102; and
3247          (b) conducted using animals;
3248          (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
3249     Evaluation Commission concerning an individual commissioner's vote on whether or not to
3250     recommend that the voters retain a judge including information disclosed under Subsection
3251     78A-12-203(5)(e);
3252          (55) information collected and a report prepared by the Judicial Performance
3253     Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
3254     12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
3255     the information or report;
3256          (56) records contained in the Management Information System created in Section
3257     62A-4a-1003;
3258          (57) records provided or received by the Public Lands Policy Coordinating Office in
3259     furtherance of any contract or other agreement made in accordance with Section [63J-4-603]
3260     63L-11-202;
3261          (58) information requested by and provided to the 911 Division under Section
3262     63H-7a-302;
3263          (59) in accordance with Section 73-10-33:
3264          (a) a management plan for a water conveyance facility in the possession of the Division
3265     of Water Resources or the Board of Water Resources; or
3266          (b) an outline of an emergency response plan in possession of the state or a county or
3267     municipality;
3268          (60) the following records in the custody or control of the Office of Inspector General

3269     of Medicaid Services, created in Section 63A-13-201:
3270          (a) records that would disclose information relating to allegations of personal
3271     misconduct, gross mismanagement, or illegal activity of a person if the information or
3272     allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
3273     through other documents or evidence, and the records relating to the allegation are not relied
3274     upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
3275     report or final audit report;
3276          (b) records and audit workpapers to the extent they would disclose the identity of a
3277     person who, during the course of an investigation or audit, communicated the existence of any
3278     Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
3279     regulation adopted under the laws of this state, a political subdivision of the state, or any
3280     recognized entity of the United States, if the information was disclosed on the condition that
3281     the identity of the person be protected;
3282          (c) before the time that an investigation or audit is completed and the final
3283     investigation or final audit report is released, records or drafts circulated to a person who is not
3284     an employee or head of a governmental entity for the person's response or information;
3285          (d) records that would disclose an outline or part of any investigation, audit survey
3286     plan, or audit program; or
3287          (e) requests for an investigation or audit, if disclosure would risk circumvention of an
3288     investigation or audit;
3289          (61) records that reveal methods used by the Office of Inspector General of Medicaid
3290     Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
3291     abuse;
3292          (62) information provided to the Department of Health or the Division of Occupational
3293     and Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
3294     58-68-304(3) and (4);
3295          (63) a record described in Section 63G-12-210;

3296          (64) captured plate data that is obtained through an automatic license plate reader
3297     system used by a governmental entity as authorized in Section 41-6a-2003;
3298          (65) any record in the custody of the Utah Office for Victims of Crime relating to a
3299     victim, including:
3300          (a) a victim's application or request for benefits;
3301          (b) a victim's receipt or denial of benefits; and
3302          (c) any administrative notes or records made or created for the purpose of, or used to,
3303     evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
3304     Reparations Fund;
3305          (66) an audio or video recording created by a body-worn camera, as that term is
3306     defined in Section 77-7a-103, that records sound or images inside a hospital or health care
3307     facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
3308     provider, as that term is defined in Section 78B-3-403, or inside a human service program as
3309     that term is defined in Section 62A-2-101, except for recordings that:
3310          (a) depict the commission of an alleged crime;
3311          (b) record any encounter between a law enforcement officer and a person that results in
3312     death or bodily injury, or includes an instance when an officer fires a weapon;
3313          (c) record any encounter that is the subject of a complaint or a legal proceeding against
3314     a law enforcement officer or law enforcement agency;
3315          (d) contain an officer involved critical incident as defined in Subsection
3316     76-2-408(1)(f); or
3317          (e) have been requested for reclassification as a public record by a subject or
3318     authorized agent of a subject featured in the recording;
3319          (67) a record pertaining to the search process for a president of an institution of higher
3320     education described in Section 53B-2-102, except for application materials for a publicly
3321     announced finalist;
3322          (68) an audio recording that is:

3323          (a) produced by an audio recording device that is used in conjunction with a device or
3324     piece of equipment designed or intended for resuscitating an individual or for treating an
3325     individual with a life-threatening condition;
3326          (b) produced during an emergency event when an individual employed to provide law
3327     enforcement, fire protection, paramedic, emergency medical, or other first responder service:
3328          (i) is responding to an individual needing resuscitation or with a life-threatening
3329     condition; and
3330          (ii) uses a device or piece of equipment designed or intended for resuscitating an
3331     individual or for treating an individual with a life-threatening condition; and
3332          (c) intended and used for purposes of training emergency responders how to improve
3333     their response to an emergency situation;
3334          (69) records submitted by or prepared in relation to an applicant seeking a
3335     recommendation by the Research and General Counsel Subcommittee, the Budget
3336     Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
3337     employment position with the Legislature;
3338          (70) work papers as defined in Section 31A-2-204;
3339          (71) a record made available to Adult Protective Services or a law enforcement agency
3340     under Section 61-1-206;
3341          (72) a record submitted to the Insurance Department in accordance with Section
3342     31A-37-201 or 31A-22-653;
3343          (73) a record described in Section 31A-37-503.
3344          (74) any record created by the Division of Occupational and Professional Licensing as
3345     a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii);
3346          (75) a record described in Section 72-16-306 that relates to the reporting of an injury
3347     involving an amusement ride;
3348          (76) except as provided in Subsection 63G-2-305.5(1), the signature of an individual
3349     on a political petition, or on a request to withdraw a signature from a political petition,

3350     including a petition or request described in the following titles:
3351          (a) Title 10, Utah Municipal Code;
3352          (b) Title 17, Counties;
3353          (c) Title 17B, Limited Purpose Local Government Entities - Local Districts;
3354          (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
3355          (e) Title 20A, Election Code;
3356          (77) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in
3357     a voter registration record;
3358          (78) except as provided in Subsection 63G-2-305.5(3), any signature, other than a
3359     signature described in Subsection (76) or (77), in the custody of the lieutenant governor or a
3360     local political subdivision collected or held under, or in relation to, Title 20A, Election Code;
3361          (79) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part
3362     5, Victims Guidelines for Prosecutors Act;
3363          (80) a record submitted to the Insurance Department under Subsection
3364     31A-47-103(1)(b); and
3365          (81) personal information, as defined in Section 63G-26-102, to the extent disclosure is
3366     prohibited under Section 63G-26-103.
3367          Section 49. Section 63G-3-301 is amended to read:
3368          63G-3-301. Rulemaking procedure.
3369          (1) An agency authorized to make rules is also authorized to amend or repeal those
3370     rules.
3371          (2) Except as provided in Sections 63G-3-303 and 63G-3-304, when making,
3372     amending, or repealing a rule agencies shall comply with:
3373          (a) the requirements of this section;
3374          (b) consistent procedures required by other statutes;
3375          (c) applicable federal mandates; and
3376          (d) rules made by the office to implement this chapter.

3377          (3) Subject to the requirements of this chapter, each agency shall develop and use
3378     flexible approaches in drafting rules that meet the needs of the agency and that involve persons
3379     affected by the agency's rules.
3380          (4) (a) Each agency shall file the agency's proposed rule and rule analysis with the
3381     office.
3382          (b) Rule amendments shall be marked with new language underlined and deleted
3383     language struck out.
3384          (c) (i) The office shall publish the information required under Subsection (8) on the
3385     rule analysis and the text of the proposed rule in the next issue of the bulletin.
3386          (ii) For rule amendments, only the section or subsection of the rule being amended
3387     need be printed.
3388          (iii) If the director determines that the rule is too long to publish, the office shall
3389     publish the rule analysis and shall publish the rule by reference to a copy on file with the office.
3390          (5) Before filing a rule with the office, the agency shall conduct a thorough analysis,
3391     consistent with the criteria established by the Governor's Office of [Management] Planning and
3392     Budget, of the fiscal impact a rule may have on businesses, which criteria may include:
3393          (a) the type of industries that will be impacted by the rule, and for each identified
3394     industry, an estimate of the total number of businesses within the industry, and an estimate of
3395     the number of those businesses that are small businesses;
3396          (b) the individual fiscal impact that would incur to a typical business for a one-year
3397     period;
3398          (c) the aggregated total fiscal impact that would incur to all businesses within the state
3399     for a one-year period;
3400          (d) the total cost that would incur to all impacted entities over a five-year period; and
3401          (e) the department head's comments on the analysis.
3402          (6) If the agency reasonably expects that a proposed rule will have a measurable
3403     negative fiscal impact on small businesses, the agency shall consider, as allowed by federal

3404     law, each of the following methods of reducing the impact of the rule on small businesses:
3405          (a) establishing less stringent compliance or reporting requirements for small
3406     businesses;
3407          (b) establishing less stringent schedules or deadlines for compliance or reporting
3408     requirements for small businesses;
3409          (c) consolidating or simplifying compliance or reporting requirements for small
3410     businesses;
3411          (d) establishing performance standards for small businesses to replace design or
3412     operational standards required in the proposed rule; and
3413          (e) exempting small businesses from all or any part of the requirements contained in
3414     the proposed rule.
3415          (7) If during the public comment period an agency receives comment that the proposed
3416     rule will cost small business more than one day's annual average gross receipts, and the agency
3417     had not previously performed the analysis in Subsection (6), the agency shall perform the
3418     analysis described in Subsection (6).
3419          (8) The rule analysis shall contain:
3420          (a) a summary of the rule or change;
3421          (b) the purpose of the rule or reason for the change;
3422          (c) the statutory authority or federal requirement for the rule;
3423          (d) the anticipated cost or savings to:
3424          (i) the state budget;
3425          (ii) local governments;
3426          (iii) small businesses; and
3427          (iv) persons other than small businesses, businesses, or local governmental entities;
3428          (e) the compliance cost for affected persons;
3429          (f) how interested persons may review the full text of the rule;
3430          (g) how interested persons may present their views on the rule;

3431          (h) the time and place of any scheduled public hearing;
3432          (i) the name and telephone number of an agency employee who may be contacted
3433     about the rule;
3434          (j) the name of the agency head or designee who authorized the rule;
3435          (k) the date on which the rule may become effective following the public comment
3436     period;
3437          (l) the agency's analysis on the fiscal impact of the rule as required under Subsection
3438     (5);
3439          (m) any additional comments the department head may choose to submit regarding the
3440     fiscal impact the rule may have on businesses; and
3441          (n) if applicable, a summary of the agency's efforts to comply with the requirements of
3442     Subsection (6).
3443          (9) (a) For a rule being repealed and reenacted, the rule analysis shall contain a
3444     summary that generally includes the following:
3445          (i) a summary of substantive provisions in the repealed rule which are eliminated from
3446     the enacted rule; and
3447          (ii) a summary of new substantive provisions appearing only in the enacted rule.
3448          (b) The summary required under this Subsection (9) is to aid in review and may not be
3449     used to contest any rule on the ground of noncompliance with the procedural requirements of
3450     this chapter.
3451          (10) A copy of the rule analysis shall be mailed to all persons who have made timely
3452     request of the agency for advance notice of the agency's rulemaking proceedings and to any
3453     other person who, by statutory or federal mandate or in the judgment of the agency, should also
3454     receive notice.
3455          (11) (a) Following the publication date, the agency shall allow at least 30 days for
3456     public comment on the rule.
3457          (b) The agency shall review and evaluate all public comments submitted in writing

3458     within the time period under Subsection (11)(a) or presented at public hearings conducted by
3459     the agency within the time period under Subsection (11)(a).
3460          (12) (a) Except as provided in Sections 63G-3-303 and 63G-3-304, a proposed rule
3461     becomes effective on any date specified by the agency that is:
3462          (i) no fewer than seven calendar days after the day on which the public comment
3463     period closes under Subsection (11); and
3464          (ii) no more than 120 days after the day on which the rule is published.
3465          (b) The agency shall provide notice of the rule's effective date to the office in the form
3466     required by the office.
3467          (c) The notice of effective date may not provide for an effective date before the day on
3468     which the office receives the notice.
3469          (d) The office shall publish notice of the effective date of the rule in the next issue of
3470     the bulletin.
3471          (e) A proposed rule lapses if a notice of effective date or a change to a proposed rule is
3472     not filed with the office within 120 days after the day on which the rule is published.
3473          (13) (a) Except as provided in Subsection (13)(d), before an agency enacts a rule, the
3474     agency shall submit to the appropriations subcommittee and interim committee with
3475     jurisdiction over the agency the agency's proposed rule for review, if the proposed rule, over a
3476     three-year period, has a fiscal impact of more than:
3477          (i) $250,000 to a single person; or
3478          (ii) $7,500,000 to a group of persons.
3479          (b) An appropriations subcommittee or interim committee that reviews a rule
3480     submitted under Subsection (13)(a) shall:
3481          (i) before the review, directly inform the chairs of the Administrative Rules Review
3482     Committee of the coming review, including the date, time, and place of the review; and
3483          (ii) after the review, directly inform the chairs of the Administrative Rules Review
3484     Committee of the outcome of the review, including any recommendation.

3485          (c) An appropriations subcommittee or interim committee that reviews a rule submitted
3486     under Subsection (13)(a) may recommend to the Administrative Rules Review Committee that
3487     the Administrative Rules Review Committee not recommend reauthorization of the rule in the
3488     omnibus legislation described in Section 63G-3-502.
3489          (d) The requirement described in Subsection (13)(a) does not apply to:
3490          (i) the State Tax Commission; or
3491          (ii) the State Board of Education.
3492          (14) (a) As used in this Subsection (14), "initiate rulemaking proceedings" means the
3493     filing, for the purposes of publication in accordance with Subsection (4), of an agency's
3494     proposed rule that is required by state statute.
3495          (b) A state agency shall initiate rulemaking proceedings no later than 180 days after the
3496     day on which the statutory provision that specifically requires the rulemaking takes effect,
3497     except under Subsection (14)(c).
3498          (c) When a statute is enacted that requires agency rulemaking and the affected agency
3499     already has rules in place that meet the statutory requirement, the agency shall submit the rules
3500     to the Administrative Rules Review Committee for review within 60 days after the day on
3501     which the statute requiring the rulemaking takes effect.
3502          (d) If a state agency does not initiate rulemaking proceedings in accordance with the
3503     time requirements in Subsection (14)(b), the state agency shall appear before the legislative
3504     Administrative Rules Review Committee and provide the reasons for the delay.
3505          Section 50. Section 63G-25-202 is amended to read:
3506          63G-25-202. Citizen feedback annual report.
3507          (1) The Governor's Office of [Management] Planning and Budget shall prepare an
3508     annual report that contains a summary of any feedback that state agencies gathered in
3509     accordance with Section 63G-25-201 during the preceding calendar year.
3510          (2) On or before July 1, the Governor's Office of [Management] Planning and Budget
3511     shall:

3512          (a) provide an electronic copy of the report described in Subsection (1) to each
3513     legislator; and
3514          (b) make the report described in Subsection (1) accessible to the public.
3515          Section 51. Section 63I-1-263 is amended to read:
3516          63I-1-263. Repeal dates, Titles 63A to 63N.
3517          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
3518          (a) Subsection 63A-1-201(1) is repealed;
3519          (b) Subsection 63A-1-202(2)(c), the language "using criteria established by the board"
3520     is repealed;
3521          (c) Section 63A-1-203 is repealed;
3522          (d) Subsections 63A-1-204(1) and (2), the language "After consultation with the board,
3523     and" is repealed; and
3524          (e) Subsection 63A-1-204(1)(b), the language "using the standards provided in
3525     Subsection 63A-1-203(3)(c)" is repealed.
3526          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
3527     improvement funding, is repealed July 1, 2024.
3528          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
3529     2023.
3530          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
3531     Committee, are repealed July 1, 2023.
3532          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
3533     1, 2028.
3534          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
3535     2025.
3536          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
3537     2024.
3538          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is

3539     repealed July 1, 2021.
3540          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
3541     July 1, 2023.
3542          (10) Title 63C, Chapter 21, Outdoor Adventure Commission, is repealed July 1, 2025.
3543          (11) Title 63F, Chapter 2, Data Security Management Council, is repealed July 1,
3544     2025.
3545          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
3546     Advisory Board, is repealed July 1, 2026.
3547          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
3548     2025.
3549          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
3550     2024.
3551          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
3552          (16) Subsection 63J-1-602.1(14), Nurse Home Visiting Restricted Account is repealed
3553     July 1, 2026.
3554          (17) (a) Subsection 63J-1-602.1(58), relating to the Utah Statewide Radio System
3555     Restricted Account, is repealed July 1, 2022.
3556          (b) When repealing Subsection 63J-1-602.1(58), the Office of Legislative Research and
3557     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
3558     necessary changes to subsection numbering and cross references.
3559          (18) Subsection 63J-1-602.2(4), referring to dedicated credits to the Utah Marriage
3560     Commission, is repealed July 1, 2023.
3561          (19) Subsection 63J-1-602.2(5), referring to the Trip Reduction Program, is repealed
3562     July 1, 2022.
3563          (20) Subsection 63J-1-602.2(25), related to the Utah Seismic Safety Commission, is
3564     repealed January 1, 2025.
3565          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is

3566     repealed July 1, 2027.
3567          (22) Subsection [63J-4-608] 63L-11-305(3), which creates the Federal Land
3568     Application Advisory Committee, is repealed on July 1, 2021.
3569          (23) In relation to the Utah Substance Use and Mental Health Advisory Council, on
3570     January 1, 2023:
3571          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
3572     repealed;
3573          (b) Section 63M-7-305, the language that states "council" is replaced with
3574     "commission";
3575          (c) Subsection 63M-7-305(1) is repealed and replaced with:
3576          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
3577          (d) Subsection 63M-7-305(2) is repealed and replaced with:
3578          "(2) The commission shall:
3579          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
3580     Drug-Related Offenses Reform Act; and
3581          (b) coordinate the implementation of Section 77-18-1.1 and related provisions in
3582     Subsections 77-18-1(5)(b)(iii) and (iv).".
3583          (24) The Crime Victim Reparations and Assistance Board, created in Section
3584     63M-7-504, is repealed July 1, 2027.
3585          (25) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed July
3586     1, 2022.
3587          (26) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1, 2021.
3588          (27) Subsection 63N-1-301(4)(c), related to the Talent Ready Utah Board, is repealed
3589     January 1, 2023.
3590          (28) Title 63N, Chapter 1, Part 5, Governor's Economic Development Coordinating
3591     Council, is repealed July 1, 2024.
3592          (29) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.

3593          (30) Section 63N-2-512 is repealed July 1, 2021.
3594          (31) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
3595     January 1, 2021.
3596          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
3597     calendar years beginning on or after January 1, 2021.
3598          (c) Notwithstanding Subsection (31)(b), an entity may carry forward a tax credit in
3599     accordance with Section 59-9-107 if:
3600          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
3601     31, 2020; and
3602          (ii) the qualified equity investment that is the basis of the tax credit is certified under
3603     Section 63N-2-603 on or before December 31, 2023.
3604          (32) Subsections 63N-3-109(2)(e) and 63N-3-109(2)(f)(i) are repealed July 1, 2023.
3605          (33) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed
3606     July 1, 2023.
3607          (34) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed July 1,
3608     2025.
3609          (35) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant Program,
3610     is repealed January 1, 2023.
3611          (36) Title 63N, Chapter 12, Part 5, Talent Ready Utah Center, is repealed January 1,
3612     2023.
3613          Section 52. Section 63I-2-263 is amended to read:
3614          63I-2-263. Repeal dates, Title 63A to Title 63N.
3615          (1) On July 1, 2020:
3616          (a) Subsection 63A-1-203(5)(a)(i) is repealed; and
3617          (b) in Subsection 63A-1-203(5)(a)(ii), the language that states "appointed on or after
3618     May 8, 2018," is repealed.
3619          (2) Section 63A-3-111 is repealed June 30, 2021.

3620          (3) Title 63C, Chapter 19, Higher Education Strategic Planning Commission is
3621     repealed July 1, 2021.
3622          (4) Title 63C, Chapter 22, Digital Wellness, Citizenship, and Safe Technology
3623     Commission is repealed July 1, 2023.
3624          (5) The following sections regarding the World War II Memorial Commission are
3625     repealed on July 1, 2022:
3626          (a) Section 63G-1-801;
3627          (b) Section 63G-1-802;
3628          (c) Section 63G-1-803; and
3629          (d) Section 63G-1-804.
3630          (6) Subsections 63G-6a-802(1)(d) and 63G-6a-802(3)(b)(iii), regarding a procurement
3631     relating to a vice presidential debate, are repealed January 1, 2021.
3632          (7) In relation to the State Fair Park Committee, on January 1, 2021:
3633          (a) Section 63H-6-104.5 is repealed; and
3634          (b) Subsections 63H-6-104(8) and (9) are repealed.
3635          (8) Section 63H-7a-303 is repealed July 1, 2024.
3636          (9) Subsection 63J-1-206(3)(c), relating to coronavirus, is repealed July 1, 2021.
3637          [(10) In relation to the Employability to Careers Program Board, on July 1, 2022:]
3638          [(a) Subsection 63J-1-602.1(57) is repealed;]
3639          [(b) Subsection 63J-4-301(1)(h), related to the review of data and metrics, is repealed;
3640     and]
3641          [(c) Title 63J, Chapter 4, Part 7, Employability to Careers Program, is repealed.]
3642          [(11)] (10) Title 63M, Chapter 4, Part 8, Voluntary Home Energy Information Pilot
3643     Program Act, is repealed January 1, 2022.
3644          [(12)] (11) Sections 63M-7-213 and 63M-7-213.5 are repealed on January 1, 2023.
3645          [(13)] (12) Subsection 63N-12-508(3) is repealed December 31, 2021.
3646          [(14)] (13) Title 63N, Chapter 13, Part 3, Facilitating [Public-Private] Public-private

3647     Partnerships Act, is repealed January 1, 2024.
3648          [(15)] (14) Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, is
3649     repealed December 31, 2021.
3650          Section 53. Section 63J-1-105 is amended to read:
3651          63J-1-105. Revenue types -- Disposition of dedicated credits and expendable
3652     receipts.
3653          (1) (a) Dedicated credits are subject to appropriations and the restrictions in this
3654     chapter.
3655          (b) An agency may expend dedicated credits for any purpose within the program or line
3656     item.
3657          (2) Except as provided in Subsections (3) and (4), an agency may not expend dedicated
3658     credits in excess of the amount appropriated to a line item as dedicated credits by the
3659     Legislature.
3660          (3) Each agency that receives dedicated credits revenue greater than the amount
3661     appropriated to a line item by the Legislature in the annual appropriations acts may expend the
3662     excess up to 25% of the amount appropriated if the expenditure is included in a revised budget
3663     execution plan submitted as provided in Section 63J-1-209.
3664          (4) Notwithstanding the requirements of Subsection (3), when an agency's dedicated
3665     credits revenue represents over 90% of the budget of the line item for which the dedicated
3666     credits are collected, the agency may expend 100% of the excess of the amount appropriated if
3667     the agency submits a revised budget execution plan as provided in Subsection (3) and Section
3668     63J-1-209.
3669          (5) An expenditure of dedicated credits in excess of amounts appropriated to a line
3670     item as dedicated credits by the Legislature may not be used to permanently increase personnel
3671     within the agency unless:
3672          (a) the increase is approved by the Legislature; or
3673          (b) the money is deposited as a dedicated credit in a line item covering tuition or

3674     federal vocational funds at an institution of higher education.
3675          (6) (a) All excess dedicated credits not received or expended in compliance with
3676     Subsection (3), (4), or (7) lapse to the General Fund or other appropriate fund as free or
3677     restricted revenue at the end of the fiscal year.
3678          (b) The Division of Finance shall determine the appropriate fund into which the
3679     dedicated credits lapse.
3680          (7) (a) When an agency has a line item that is funded by more than one major revenue
3681     type, one of which is dedicated credits, the agency shall completely expend authorized
3682     dedicated credits within the current fiscal year and allocate unused spending authorization
3683     among other funding sources based upon a proration of the amounts appropriated from each of
3684     those major revenue types not attributable to dedicated credits, unless the Legislature has
3685     designated a portion of the dedicated credits as nonlapsing, in which case the agency shall
3686     completely expend within the current fiscal year authorized dedicated credits minus the portion
3687     of dedicated credits designated as nonlapsing, and allocate unused spending authorization
3688     among the other funding sources based upon a proration of the amounts appropriated from each
3689     of those major revenue types not attributable to dedicated credits.
3690          (b) Nothing in Subsection (7)(a) shall be construed to allow an agency to receive and
3691     expend dedicated credits in excess of legislative appropriations to a line item without
3692     complying with Subsection (3) or (4).
3693          (c) Each agency that receives dedicated credits shall report, to the Division of Finance,
3694     any balances remaining in those funds at the conclusion of each fiscal year.
3695          (8) Each agency shall include in its annual budget request estimates of dedicated
3696     credits revenue that is identified by, collected for, or set by the agency.
3697          (9) Each agency may expend expendable receipts in accordance with the terms set by a
3698     nonstate entity that provides the funds.
3699          (10) (a) Expendable receipts are not limited by appropriations.
3700          (b) Each agency that receives expendable receipts revenue greater than the amount

3701     included for a line item by the Legislature in the annual appropriations acts may expend the
3702     excess if the expenditure is included in a revised budget execution plan submitted as provided
3703     in Section 63J-1-209.
3704          (c) If an agency receives excess expendable receipts revenue that is more than 25%
3705     greater than the amount included for a line item by the Legislature in the annual appropriations
3706     acts, the agency shall report the excess amount, the source of the expendable receipts, and the
3707     purpose for which the expendable receipts will be expended to the Governor's Office of
3708     [Management] Planning and Budget, the legislative fiscal analyst, and the Executive
3709     Appropriations Committee within 60 days of submitting a revised budget execution plan as
3710     provided in Section 63J-1-209.
3711          Section 54. Section 63J-1-201 is amended to read:
3712          63J-1-201. Governor's proposed budget to Legislature -- Contents -- Preparation
3713     -- Appropriations based on current tax laws and not to exceed estimated revenues.
3714          (1) The governor shall deliver, not later than 30 days before the date the Legislature
3715     convenes in the annual general session, a confidential draft copy of the governor's proposed
3716     budget recommendations to the Office of the Legislative Fiscal Analyst according to the
3717     requirements of this section.
3718          (2) (a) When submitting a proposed budget, the governor shall, within the first three
3719     days of the annual general session of the Legislature, submit to the presiding officer of each
3720     house of the Legislature:
3721          (i) a proposed budget for the ensuing fiscal year;
3722          (ii) a schedule for all of the proposed changes to appropriations in the proposed budget,
3723     with each change clearly itemized and classified; and
3724          (iii) as applicable, a document showing proposed changes in estimated revenues that
3725     are based on changes in state tax laws or rates.
3726          (b) The proposed budget shall include:
3727          (i) a projection of:

3728          (A) estimated revenues by major tax type;
3729          (B) 15-year trends for each major tax type;
3730          (C) estimated receipts of federal funds;
3731          (D) 15-year trends for federal fund receipts; and
3732          (E) appropriations for the next fiscal year;
3733          (ii) the source of changes to all direct, indirect, and in-kind matching funds for all
3734     federal grants or assistance programs included in the budget;
3735          (iii) changes to debt service;
3736          (iv) a plan of proposed changes to appropriations and estimated revenues for the next
3737     fiscal year that is based upon the current fiscal year state tax laws and rates and considers
3738     projected changes in federal grants or assistance programs included in the budget;
3739          (v) an itemized estimate of the proposed changes to appropriations for:
3740          (A) the Legislative Department as certified to the governor by the president of the
3741     Senate and the speaker of the House;
3742          (B) the Executive Department;
3743          (C) the Judicial Department as certified to the governor by the state court
3744     administrator;
3745          (D) changes to salaries payable by the state under the Utah Constitution or under law
3746     for lease agreements planned for the next fiscal year; and
3747          (E) all other changes to ongoing or one-time appropriations, including dedicated
3748     credits, restricted funds, nonlapsing balances, grants, and federal funds;
3749          (vi) for each line item, the average annual dollar amount of staff funding associated
3750     with all positions that were vacant during the last fiscal year;
3751          (vii) deficits or anticipated deficits;
3752          (viii) the recommendations for each state agency for new full-time employees for the
3753     next fiscal year, which shall also be provided to the director of the Division of Facilities
3754     Construction and Management as required by Subsection 63A-5b-501(3);

3755          (ix) a written description and itemized report submitted by a state agency to the
3756     Governor's Office of [Management] Planning and Budget under Section 63J-1-220, including:
3757          (A) a written description and an itemized report provided at least annually detailing the
3758     expenditure of the state money, or the intended expenditure of any state money that has not
3759     been spent; and
3760          (B) a final written itemized report when all the state money is spent;
3761          (x) any explanation that the governor may desire to make as to the important features
3762     of the budget and any suggestion as to methods for the reduction of expenditures or increase of
3763     the state's revenue; and
3764          (xi) information detailing certain fee increases as required by Section 63J-1-504.
3765          (3) For the purpose of preparing and reporting the proposed budget:
3766          (a) The governor shall require the proper state officials, including all public and higher
3767     education officials, all heads of executive and administrative departments and state institutions,
3768     bureaus, boards, commissions, and agencies expending or supervising the expenditure of the
3769     state money, and all institutions applying for state money and appropriations, to provide
3770     itemized estimates of changes in revenues and appropriations.
3771          (b) The governor may require the persons and entities subject to Subsection (3)(a) to
3772     provide other information under these guidelines and at times as the governor may direct,
3773     which may include a requirement for program productivity and performance measures, where
3774     appropriate, with emphasis on outcome indicators.
3775          (c) The governor may require representatives of public and higher education, state
3776     departments and institutions, and other institutions or individuals applying for state
3777     appropriations to attend budget meetings.
3778          (4) (a) The Governor's Office of [Management] Planning and Budget shall provide to
3779     the Office of the Legislative Fiscal Analyst, as soon as practicable, but no later than 30 days
3780     before the date the Legislature convenes in the annual general session, data, analysis, or
3781     requests used in preparing the governor's budget recommendations, notwithstanding the

3782     restrictions imposed on such recommendations by available revenue.
3783          (b) The information under Subsection (4)(a) shall include:
3784          (i) actual revenues and expenditures for the fiscal year ending the previous June 30;
3785          (ii) estimated or authorized revenues and expenditures for the current fiscal year;
3786          (iii) requested revenues and expenditures for the next fiscal year;
3787          (iv) detailed explanations of any differences between the amounts appropriated by the
3788     Legislature in the current fiscal year and the amounts reported under Subsections (4)(b)(ii) and
3789     (iii);
3790          (v) a statement of:
3791          (A) agency and program objectives, effectiveness measures, and program size
3792     indicators;
3793          (B) the final status of the program objectives, effectiveness measures, and program size
3794     indicators included in the appropriations act for the fiscal year ending the previous June 30; and
3795          (C) the current status of the program objectives, effectiveness measures, and program
3796     size indicators included in the appropriations act for the current fiscal year; and
3797          (vi) other budgetary information required by the Legislature in statute.
3798          (c) The budget information under Subsection (4)(a) shall cover:
3799          (i) all items of appropriation, funds, and accounts included in appropriations acts for
3800     the current and previous fiscal years; and
3801          (ii) any new appropriation, fund, or account items requested for the next fiscal year.
3802          (d) The information provided under Subsection (4)(a) may be provided as a shared
3803     record under Section 63G-2-206 as considered necessary by the Governor's Office of
3804     [Management] Planning and Budget.
3805          (5) (a) In submitting the budget for the Department of Public Safety, the governor shall
3806     include a separate recommendation in the governor's budget for maintaining a sufficient
3807     number of alcohol-related law enforcement officers to maintain the enforcement ratio equal to
3808     or below the number specified in Subsection 32B-1-201(2).

3809          (b) If the governor does not include in the governor's budget an amount sufficient to
3810     maintain the number of alcohol-related law enforcement officers described in Subsection
3811     (5)(a), the governor shall include a message to the Legislature regarding the governor's reason
3812     for not including that amount.
3813          (6) (a) The governor may revise all estimates, except those relating to the Legislative
3814     Department, the Judicial Department, and those providing for the payment of principal and
3815     interest to the state debt and for the salaries and expenditures specified by the Utah
3816     Constitution or under the laws of the state.
3817          (b) The estimate for the Judicial Department, as certified by the state court
3818     administrator, shall also be included in the budget without revision, but the governor may make
3819     separate recommendations on the estimate.
3820          (7) The total appropriations requested for expenditures authorized by the budget may
3821     not exceed the estimated revenues from taxes, fees, and all other sources for the next ensuing
3822     fiscal year.
3823          (8) If any item of the budget as enacted is held invalid upon any ground, the invalidity
3824     does not affect the budget itself or any other item in it.
3825          Section 55. Section 63J-1-205 is amended to read:
3826          63J-1-205. Revenue volatility report.
3827          (1) Beginning in 2011 and continuing every three years after 2011, the Legislative
3828     Fiscal Analyst and the Governor's Office of [Management] Planning and Budget shall submit a
3829     joint revenue volatility report to the Executive Appropriations Committee prior to the
3830     committee's December meeting.
3831          (2) The Legislative Fiscal Analyst and the Governor's Office of [Management]
3832     Planning and Budget shall ensure that the report:
3833          (a) discusses the tax base and the tax revenue volatility of the revenue streams that
3834     provide the source of funding for the state budget;
3835          (b) considers federal funding included in the state budget and any projected changes in

3836     the amount or value of federal funding;
3837          (c) identifies the balances in the General Fund Budget Reserve Account and the
3838     Education Fund Budget Reserve Account;
3839          (d) analyzes the adequacy of the balances in the General Fund Budget Reserve Account
3840     and the Education Fund Budget Reserve Account in relation to the volatility of the revenue
3841     streams and the risk of a reduction in the amount or value of federal funding;
3842          (e) recommends changes to the deposit amounts or transfer limits established in
3843     Sections 63J-1-312 and 63J-1-313, if the Legislative Fiscal Analyst and Governor's Office of
3844     [Management] Planning and Budget consider it appropriate to recommend changes; and
3845          (f) presents options for a deposit mechanism linked to one or more tax sources on the
3846     basis of each tax source's observed volatility, including:
3847          (i) an analysis of how the options would have performed historically within the state;
3848          (ii) an analysis of how the options will perform based on the most recent revenue
3849     forecast; and
3850          (iii) recommendations for deposit mechanisms considered likely to meet the budget
3851     reserve account targets established in Sections 63J-1-312 and 63J-1-313.
3852          Section 56. Section 63J-1-209 is amended to read:
3853          63J-1-209. Director of finance to exercise accounting control -- Budget execution
3854     plans -- Allotments and expenditures.
3855          (1) The director of finance shall exercise accounting control over all state departments,
3856     institutions, and agencies other than the Legislature and legislative committees.
3857          (2) (a) The director shall require the head of each department to submit, by May 15 of
3858     each year, a budget execution plan for the next fiscal year.
3859          (b) The director may require any department to submit a budget execution plan for any
3860     other period.
3861          (3) The budget execution plan shall include appropriations and all other funds from any
3862     source made available to the department for its operation and maintenance for the period and

3863     program authorized by legislation that appropriates funds.
3864          (4) (a) In order to revise a budget execution plan, the department, agency, or institution
3865     seeking to revise the budget execution plan shall:
3866          (i) develop a new budget execution plan that consists of the currently approved budget
3867     execution plan and the revision sought to be made;
3868          (ii) prepare a written justification for the new budget execution plan that sets forth the
3869     purpose and necessity of the revision; and
3870          (iii) submit the new budget execution plan and the written justification for the new
3871     budget execution plan to the Division of Finance.
3872          (b) The Division of Finance shall process the new budget execution plan with written
3873     justification and make this information available to the Governor's Office of [Management]
3874     Planning and Budget and the legislative fiscal analyst.
3875          (5) Upon request from the Governor's Office of [Management] Planning and Budget,
3876     the Division of Finance shall revise budget execution plans.
3877          (6) Notwithstanding the requirements of Title 63J, Chapter 2, Revenue Procedures and
3878     Control Act, the aggregate of the budget execution plan revisions may not exceed the total
3879     appropriations or other funds from any source that are available to the agency line item for the
3880     fiscal year in question.
3881          (7) Upon transmittal of the new budget execution plan to the entities in Subsection (4),
3882     the Division of Finance shall permit all expenditures to be made from the appropriations or
3883     other funds from any source on the basis of those budget execution plans.
3884          (8) The Division of Finance shall, through statistical sampling methods or other means,
3885     audit all claims against the state for which an appropriation has been made.
3886          Section 57. Section 63J-1-217 is amended to read:
3887          63J-1-217. Overexpenditure of budget by agency -- Prorating budget income
3888     shortfall.
3889          (1) Expenditures of departments, agencies, and institutions of state government shall be

3890     kept within revenues available for such expenditures.
3891          (2) (a) Line items of appropriation shall not be overexpended.
3892          (b) Notwithstanding Subsection (2)(a), if an agency's line item is overexpended at the
3893     close of a fiscal year:
3894          (i) the director of the Division of Finance may make payments from the line item to
3895     vendors for goods or services that were received on or before June 30; and
3896          (ii) the director of the Division of Finance shall immediately reduce the agency's line
3897     item budget in the current year by the amount of the overexpenditure.
3898          (c) Each agency with an overexpended line item shall:
3899          (i) prepare a written report explaining the reasons for the overexpenditure; and
3900          (ii) present the report to:
3901          (A) the Board of Examiners as required by Section 63G-9-301; and
3902          (B) the Office of the Legislative Fiscal Analyst.
3903          (3) (a) As used in this Subsection (3):
3904          (i) "Education Fund budget deficit" has the same meaning as in Section 63J-1-312; and
3905          (ii) "General Fund budget deficit" has the same meaning as in Section 63J-1-312.
3906          (b) If an Education Fund budget deficit or a General Fund budget deficit exists and the
3907     adopted estimated revenues were prepared in consensus with the Governor's Office of
3908     [Management] Planning and Budget, the governor shall:
3909          (i) direct state agencies to reduce commitments and expenditures by an amount
3910     proportionate to the amount of the deficiency; and
3911          (ii) direct the Division of Finance to reduce allotments to institutions of higher
3912     education by an amount proportionate to the amount of the deficiency.
3913          (c) The governor's directions under Subsection (3)(b) are rescinded when the
3914     Legislature rectifies the Education Fund budget deficit and the General Fund budget deficit.
3915          (4) (a) A department may not receive an advance of funds that cannot be covered by
3916     anticipated revenue within the budget execution plan of the fiscal year, unless the governor

3917     allocates money from the governor's emergency appropriations.
3918          (b) All allocations made from the governor's emergency appropriations shall be
3919     reported to the budget subcommittee of the Legislative Management Committee by notifying
3920     the Office of the Legislative Fiscal Analyst at least 15 days before the effective date of the
3921     allocation.
3922          (c) Emergency appropriations shall be allocated only to support activities having
3923     existing legislative approval and appropriation, and may not be allocated to any activity or
3924     function rejected directly or indirectly by the Legislature.
3925          Section 58. Section 63J-1-220 is amended to read:
3926          63J-1-220. Reporting related to pass through money distributed by state
3927     agencies.
3928          (1) As used in this section:
3929          (a) "Local government entity" means a county, municipality, school district, local
3930     district under Title 17B, Limited Purpose Local Government Entities - Local Districts, special
3931     service district under Title 17D, Chapter 1, Special Service District Act, or any other political
3932     subdivision of the state.
3933          (b) (i) "Pass through funding" means money appropriated by the Legislature to a state
3934     agency that is intended to be passed through the state agency to one or more:
3935          (A) local government entities;
3936          (B) private organizations, including not-for-profit organizations; or
3937          (C) persons in the form of a loan or grant.
3938          (ii) "Pass through funding" may be:
3939          (A) general funds, dedicated credits, or any combination of state funding sources; and
3940          (B) ongoing or one-time.
3941          (c) "Recipient entity" means a local government entity or private entity, including a
3942     nonprofit entity, that receives money by way of pass through funding from a state agency.
3943          (d) "State agency" means a department, commission, board, council, agency,

3944     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
3945     unit, bureau, panel, or other administrative unit of the executive branch of the state.
3946          (e) (i) "State money" means money that is owned, held, or administered by a state
3947     agency and derived from state fees or tax revenues.
3948          (ii) "State money" does not include contributions or donations received by a state
3949     agency.
3950          (2) A state agency may not provide a recipient entity state money through pass through
3951     funding unless:
3952          (a) the state agency enters into a written agreement with the recipient entity; and
3953          (b) the written agreement described in Subsection (2)(a) requires the recipient entity to
3954     provide the state agency:
3955          (i) a written description and an itemized report at least annually detailing the
3956     expenditure of the state money, or the intended expenditure of any state money that has not
3957     been spent; and
3958          (ii) a final written itemized report when all the state money is spent.
3959          (3) A state agency shall provide to the Governor's Office of [Management] Planning
3960     and Budget a copy of a written description or itemized report received by the state agency
3961     under Subsection (2).
3962          (4) Notwithstanding Subsection (2), a state agency is not required to comply with this
3963     section to the extent that the pass through funding is issued:
3964          (a) under a competitive award process;
3965          (b) in accordance with a formula enacted in statute;
3966          (c) in accordance with a state program under parameters in statute or rule that guides
3967     the distribution of the pass through funding; or
3968          (d) under the authority of the Minimum School Program, as defined in Section
3969     53F-2-102.
3970          Section 59. Section 63J-1-411 is amended to read:

3971          63J-1-411. Internal service funds -- End of fiscal year -- Unused authority for
3972     capital acquisition.
3973          (1) An internal service fund agency's authority to acquire capital assets under
3974     Subsection 63J-1-410(8)(a) shall lapse if the acquisition of the capital asset does not occur in
3975     the fiscal year in which the authorization is included in the appropriations act, unless the
3976     Legislature identifies the authority to acquire the capital asset as nonlapsing authority:
3977          (a) for a specific one-time project and a limited period of time in the Legislature's
3978     initial appropriation to the agency; or
3979          (b) in a supplemental appropriation in accordance with Subsection (2).
3980          (2) (a) An internal service fund agency's authority to acquire capital assets may be
3981     retained as nonlapsing authorization if the internal service fund agency includes a one-time
3982     project's list as part of the budget request that it submits to the governor and the Legislature at
3983     the annual general session of the Legislature immediately before the end of the fiscal year in
3984     which the agency may have unused capital acquisition authority.
3985          (b) The governor:
3986          (i) may approve some or all of the items from an agency's one-time project's list; and
3987          (ii) shall identify and prioritize any approved one-time projects in the budget that the
3988     governor submits to the Legislature.
3989          (c) The Legislature:
3990          (i) may approve some or all of the specific items from an agency's one-time project's
3991     list as an approved capital acquisition for an agency's appropriation balance;
3992          (ii) shall identify any authorized one-time projects in the appropriate line item
3993     appropriation; and
3994          (iii) may prioritize one-time projects in intent language.
3995          (3) An internal service fund agency shall submit a status report of outstanding
3996     nonlapsing authority to acquire capital assets and associated one-time projects to the
3997     Governor's Office of [Management] Planning and Budget and the Legislative Fiscal Analyst's

3998     Office with the proposed budget submitted by the governor as provided under Section
3999     63J-1-201.
4000          Section 60. Section 63J-1-504 is amended to read:
4001          63J-1-504. Fees -- Adoption, procedure, and approval -- Establishing and
4002     assessing fees without legislative approval.
4003          (1) As used in this section:
4004          (a) (i) "Agency" means each department, commission, board, council, agency,
4005     institution, officer, corporation, fund, division, office, committee, authority, laboratory, library,
4006     unit, bureau, panel, or other administrative unit of the state.
4007          (ii) "Agency" does not mean the Legislature or its committees.
4008          (b) "Fee agency" means any agency that is authorized to establish fees.
4009          (c) "Fee schedule" means the complete list of fees charged by a fee agency and the
4010     amount of those fees.
4011          (2) Each fee agency shall adopt a schedule of fees assessed for services provided by the
4012     fee agency that are:
4013          (a) reasonable, fair, and reflect the cost of services provided; and
4014          (b) established according to a cost formula determined by the executive director of the
4015     Governor's Office of [Management] Planning and Budget and the director of the Division of
4016     Finance in conjunction with the agency seeking to establish the fee.
4017          (3) Except as provided in Subsection (6), a fee agency may not:
4018          (a) set fees by rule; or
4019          (b) create, change, or collect any fee unless the fee has been established according to
4020     the procedures and requirements of this section.
4021          (4) Each fee agency that is proposing a new fee or proposing to change a fee shall:
4022          (a) present each proposed fee at a public hearing, subject to the requirements of Title
4023     52, Chapter 4, Open and Public Meetings Act;
4024          (b) increase, decrease, or affirm each proposed fee based on the results of the public

4025     hearing;
4026          (c) except as provided in Subsection (6), submit the fee schedule to the Legislature as
4027     part of the agency's annual appropriations request; and
4028          (d) where necessary, modify the fee schedule to implement the Legislature's actions.
4029          (5) (a) Each fee agency shall submit [its] the agency's fee schedule or special
4030     assessment amount to the Legislature for [its] the Legislature's approval on an annual basis.
4031          (b) The Legislature may approve, increase or decrease and approve, or reject any fee
4032     submitted to it by a fee agency.
4033          (6) After conducting the public hearing required by this section, a fee agency may
4034     establish and assess fees without first obtaining legislative approval if:
4035          (a) (i) the Legislature creates a new program that is to be funded by fees to be set by the
4036     Legislature;
4037          (ii) the new program's effective date is before the Legislature's next annual general
4038     session; and
4039          (iii) the fee agency submits the fee schedule for the new program to the Legislature for
4040     its approval at a special session, if allowed in the governor's call, or at the next annual general
4041     session of the Legislature, whichever is sooner; or
4042          (b) (i) the fee agency proposes to increase or decrease an existing fee for the purpose of
4043     adding or removing a transactional fee that is charged or assessed by a non-governmental third
4044     party but is included as part of the fee charged by the fee agency;
4045          (ii) the amount of the increase or decrease in the fee is equal to the amount of the
4046     transactional fee charged or assessed by the non-governmental third party; and
4047          (iii) the increased or decreased fee is submitted to the Legislature for [its] the
4048     Legislature's approval at a special session, if allowed in the governor's call, or at the next
4049     annual session of the Legislature, whichever is sooner.
4050          (7) (a) Each fee agency that wishes to change any fee shall submit to the governor as
4051     part of the agency's annual appropriation request a list that identifies:

4052          (i) the title or purpose of the fee;
4053          (ii) the present amount of the fee;
4054          (iii) the proposed new amount of the fee;
4055          (iv) the percent that the fee will have increased if the Legislature approves the higher
4056     fee;
4057          (v) the estimated total annual revenue change that will result from the change in the
4058     fee;
4059          (vi) the account or fund into which the fee will be deposited; and
4060          (vii) the reason for the change in the fee.
4061          (b) (i) The governor may review and approve, modify and approve, or reject the fee
4062     increases.
4063          (ii) The governor shall transmit the list required by Subsection (7)(a), with any
4064     modifications, to the [Legislative Fiscal Analyst] legislative fiscal analyst with the governor's
4065     budget recommendations.
4066          (c) Bills approving any fee change shall be filed before the beginning of the
4067     Legislature's annual general session, if possible.
4068          (8) (a) Except as provided in Subsection (8)(b), the School and Institutional Trust
4069     Lands Administration, established in Section 53C-1-201, is exempt from the requirements of
4070     this section.
4071          (b) The following fees of the School and Institutional Trust Lands Administration are
4072     subject to the requirements of this section: application, assignment, amendment, affidavit for
4073     lost documents, name change, reinstatement, grazing nonuse, extension of time, partial
4074     conveyance, patent reissue, collateral assignment, electronic payment, and processing.
4075          Section 61. Section 63J-1-602.1 is amended to read:
4076          63J-1-602.1. List of nonlapsing appropriations from accounts and funds.
4077          Appropriations made from the following accounts or funds are nonlapsing:
4078          (1) The Utah Intracurricular Student Organization Support for Agricultural Education

4079     and Leadership Restricted Account created in Section 4-42-102.
4080          (2) The Native American Repatriation Restricted Account created in Section 9-9-407.
4081          (3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
4082     Section 9-18-102.
4083          (4) The National Professional Men's Soccer Team Support of Building Communities
4084     Restricted Account created in Section 9-19-102.
4085          (5) Funds collected for directing and administering the C-PACE district created in
4086     Section 11-42a-106.
4087          (6) Money received by the Utah Inland Port Authority, as provided in Section
4088     11-58-105.
4089          (7) The "Latino Community Support Restricted Account" created in Section 13-1-16.
4090          (8) The Clean Air Support Restricted Account created in Section 19-1-109.
4091          (9) The "Support for State-Owned Shooting Ranges Restricted Account" created in
4092     Section 23-14-13.5.
4093          (10) Award money under the State Asset Forfeiture Grant Program, as provided under
4094     Section 24-4-117.
4095          (11) Funds collected from the program fund for local health department expenses
4096     incurred in responding to a local health emergency under Section 26-1-38.
4097          (12) The Children with Cancer Support Restricted Account created in Section
4098     26-21a-304.
4099          (13) State funds for matching federal funds in the Children's Health Insurance Program
4100     as provided in Section 26-40-108.
4101          (14) The Children with Heart Disease Support Restricted Account created in Section
4102     26-58-102.
4103          (15) The Nurse Home Visiting Restricted Account created in Section 26-63-601.
4104          (16) The Technology Development Restricted Account created in Section 31A-3-104.
4105          (17) The Criminal Background Check Restricted Account created in Section

4106     31A-3-105.
4107          (18) The Captive Insurance Restricted Account created in Section 31A-3-304, except
4108     to the extent that Section 31A-3-304 makes the money received under that section free revenue.
4109          (19) The Title Licensee Enforcement Restricted Account created in Section
4110     31A-23a-415.
4111          (20) The Health Insurance Actuarial Review Restricted Account created in Section
4112     31A-30-115.
4113          (21) The Insurance Fraud Investigation Restricted Account created in Section
4114     31A-31-108.
4115          (22) The Underage Drinking Prevention Media and Education Campaign Restricted
4116     Account created in Section 32B-2-306.
4117          (23) The School Readiness Restricted Account created in Section 35A-15-203.
4118          (24) Money received by the Utah State Office of Rehabilitation for the sale of certain
4119     products or services, as provided in Section 35A-13-202.
4120          (25) The Oil and Gas Administrative Penalties Account created in Section 40-6-11.
4121          (26) The Oil and Gas Conservation Account created in Section 40-6-14.5.
4122          (27) The Electronic Payment Fee Restricted Account created by Section 41-1a-121 to
4123     the Motor Vehicle Division.
4124          (28) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
4125     created by Section 41-3-110 to the State Tax Commission.
4126          (29) The Utah Law Enforcement Memorial Support Restricted Account created in
4127     Section 53-1-120.
4128          (30) The State Disaster Recovery Restricted Account to the Division of Emergency
4129     Management, as provided in Section 53-2a-603.
4130          (31) The Department of Public Safety Restricted Account to the Department of Public
4131     Safety, as provided in Section 53-3-106.
4132          (32) The Utah Highway Patrol Aero Bureau Restricted Account created in Section

4133     53-8-303.
4134          (33) The DNA Specimen Restricted Account created in Section 53-10-407.
4135          (34) The Canine Body Armor Restricted Account created in Section 53-16-201.
4136          (35) The Technical Colleges Capital Projects Fund created in Section 53B-2a-118.
4137          (36) The Higher Education Capital Projects Fund created in Section 53B-22-202.
4138          (37) A certain portion of money collected for administrative costs under the School
4139     Institutional Trust Lands Management Act, as provided under Section 53C-3-202.
4140          (38) The Public Utility Regulatory Restricted Account created in Section 54-5-1.5,
4141     subject to Subsection 54-5-1.5(4)(d).
4142          (39) Funds collected from a surcharge fee to provide certain licensees with access to an
4143     electronic reference library, as provided in Section 58-3a-105.
4144          (40) Certain fines collected by the Division of Occupational and Professional Licensing
4145     for violation of unlawful or unprofessional conduct that are used for education and enforcement
4146     purposes, as provided in Section 58-17b-505.
4147          (41) Funds collected from a surcharge fee to provide certain licensees with access to an
4148     electronic reference library, as provided in Section 58-22-104.
4149          (42) Funds collected from a surcharge fee to provide certain licensees with access to an
4150     electronic reference library, as provided in Section 58-55-106.
4151          (43) Funds collected from a surcharge fee to provide certain licensees with access to an
4152     electronic reference library, as provided in Section 58-56-3.5.
4153          (44) Certain fines collected by the Division of Occupational and Professional Licensing
4154     for use in education and enforcement of the Security Personnel Licensing Act, as provided in
4155     Section 58-63-103.
4156          (45) The Relative Value Study Restricted Account created in Section 59-9-105.
4157          (46) The Cigarette Tax Restricted Account created in Section 59-14-204.
4158          (47) Funds paid to the Division of Real Estate for the cost of a criminal background
4159     check for a mortgage loan license, as provided in Section 61-2c-202.

4160          (48) Funds paid to the Division of Real Estate for the cost of a criminal background
4161     check for principal broker, associate broker, and sales agent licenses, as provided in Section
4162     61-2f-204.
4163          (49) Certain funds donated to the Department of Human Services, as provided in
4164     Section 62A-1-111.
4165          (50) The National Professional Men's Basketball Team Support of Women and
4166     Children Issues Restricted Account created in Section 62A-1-202.
4167          (51) Certain funds donated to the Division of Child and Family Services, as provided
4168     in Section 62A-4a-110.
4169          (52) The Choose Life Adoption Support Restricted Account created in Section
4170     62A-4a-608.
4171          (53) Funds collected by the Office of Administrative Rules for publishing, as provided
4172     in Section 63G-3-402.
4173          (54) The Immigration Act Restricted Account created in Section 63G-12-103.
4174          (55) Money received by the military installation development authority, as provided in
4175     Section 63H-1-504.
4176          (56) The Computer Aided Dispatch Restricted Account created in Section 63H-7a-303.
4177          (57) The Unified Statewide 911 Emergency Service Account created in Section
4178     63H-7a-304.
4179          (58) The Utah Statewide Radio System Restricted Account created in Section
4180     63H-7a-403.
4181          [(59) The Employability to Careers Program Restricted Account created in Section
4182     63J-4-703.]
4183          [(60)] (59) The Motion Picture Incentive Account created in Section 63N-8-103.
4184          [(61)] (60) Certain money payable for expenses of the Pete Suazo Utah Athletic
4185     Commission, as provided under Section 63N-10-301.
4186          [(62)] (61) Funds collected by the housing of state probationary inmates or state parole

4187     inmates, as provided in Subsection 64-13e-104(2).
4188          [(63)] (62) Certain forestry and fire control funds utilized by the Division of Forestry,
4189     Fire, and State Lands, as provided in Section 65A-8-103.
4190          [(64)] (63) The Transportation of Veterans to Memorials Support Restricted Account
4191     created in Section 71-14-102.
4192          [(65)] (64) The Amusement Ride Safety Restricted Account, as provided in Section
4193     72-16-204.
4194          [(66)] (65) Certain funds received by the Office of the State Engineer for well drilling
4195     fines or bonds, as provided in Section 73-3-25.
4196          [(67)] (66) The Water Resources Conservation and Development Fund, as provided in
4197     Section 73-23-2.
4198          [(68)] (67) Funds donated or paid to a juvenile court by private sources, as provided in
4199     Subsection 78A-6-203(1)(c).
4200          [(69)] (68) Fees for certificate of admission created under Section 78A-9-102.
4201          [(70)] (69) Funds collected for adoption document access as provided in Sections
4202     78B-6-141, 78B-6-144, and 78B-6-144.5.
4203          [(71)] (70) Funds collected for indigent defense as provided in Title 78B, Chapter 22,
4204     Part 4, Utah Indigent Defense Commission.
4205          [(72)] (71) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades
4206     State Park, Jordan River State Park, and Green River State Park, as provided under Section
4207     79-4-403.
4208          [(73)] (72) Certain funds received by the Division of Parks and Recreation from the
4209     sale or disposal of buffalo, as provided under Section 79-4-1001.
4210          [(74)] (73) The Drinking While Pregnant Prevention Media and Education Campaign
4211     Restricted Account created in Section 32B-2-308.
4212          Section 62. Section 63J-3-102 is amended to read:
4213          63J-3-102. Purpose of chapter -- Limitations on state mandated property tax,

4214     state appropriations, and state debt.
4215          (1) (a) It is the purpose of this chapter to:
4216          (i) place a limitation on the state mandated property tax rate under Title 53F, Chapter
4217     2, State Funding -- Minimum School Program;
4218          (ii) place limitations on state government appropriations based upon the combined
4219     changes in population and inflation; and
4220          (iii) place a limitation on the state's outstanding general obligation debt.
4221          (b) The limitations imposed by this chapter are in addition to limitations on tax levies,
4222     rates, and revenues otherwise provided for by law.
4223          (2) (a) This chapter may not be construed as requiring the state to collect the full
4224     amount of tax revenues permitted to be appropriated by this chapter.
4225          (b) This chapter's purpose is to provide a ceiling, not a floor, limitation on the
4226     appropriations of state government.
4227          (3) The recommendations and budget analysis prepared by the Governor's Office of
4228     [Management] Planning and Budget and the Office of the Legislative Fiscal Analyst, as
4229     required by Title 36, Chapter 12, Legislative Organization, shall be in strict compliance with
4230     the limitations imposed under this chapter.
4231          Section 63. Section 63J-3-103 is amended to read:
4232          63J-3-103. Definitions.
4233          As used in this chapter:
4234          (1) (a) "Appropriations" means actual unrestricted capital and operating appropriations
4235     from unrestricted General Fund and Education Fund sources.
4236          (b) "Appropriations" includes appropriations that are contingent upon available
4237     surpluses in the General Fund and Education Fund.
4238          (c) "Appropriations" does not mean:
4239          (i) public education expenditures;
4240          (ii) Utah Education and Telehealth Network expenditures in support of public

4241     education;
4242          (iii) Utah Board of Higher Education expenditures in support of public education;
4243          (iv) State Tax Commission expenditures related to collection of income taxes in
4244     support of public education;
4245          (v) debt service expenditures;
4246          (vi) emergency expenditures;
4247          (vii) expenditures from all other fund or subfund sources;
4248          (viii) transfers or appropriations from the Education Fund to the Uniform School Fund;
4249          (ix) transfers into, or appropriations made to, the General Fund Budget Reserve
4250     Account established in Section 63J-1-312;
4251          (x) transfers into, or appropriations made to, the Education Budget Reserve Account
4252     established in Section 63J-1-313;
4253          (xi) transfers in accordance with Section 63J-1-314 into, or appropriations made to the
4254     Wildland Fire Suppression Fund created in Section 65A-8-204 or the State Disaster Recovery
4255     Restricted Account created in Section 53-2a-603;
4256          (xii) money appropriated to fund the total one-time project costs for the construction of
4257     capital development projects as defined in Section 63A-5b-401;
4258          (xiii) transfers or deposits into or appropriations made to the Centennial Highway Fund
4259     created by Section 72-2-118;
4260          (xiv) transfers or deposits into or appropriations made to the Transportation Investment
4261     Fund of 2005 created by Section 72-2-124;
4262          (xv) transfers or deposits into or appropriations made to:
4263          (A) the Department of Transportation from any source; or
4264          (B) any transportation-related account or fund from any source; or
4265          (xvi) supplemental appropriations from the General Fund to the Division of Forestry,
4266     Fire, and State Lands to provide money for wildland fire control expenses incurred during the
4267     current or previous fire years.

4268          (2) "Base year real per capita appropriations" means the result obtained for the state by
4269     dividing the fiscal year 1985 actual appropriations of the state less debt money by:
4270          (a) the state's July 1, 1983 population; and
4271          (b) the fiscal year 1983 inflation index divided by 100.
4272          (3) "Calendar year" means the time period beginning on January 1 of any given year
4273     and ending on December 31 of the same year.
4274          (4) "Fiscal emergency" means an extraordinary occurrence requiring immediate
4275     expenditures and includes the settlement under Laws of Utah 1988, Fourth Special Session,
4276     Chapter 4.
4277          (5) "Fiscal year" means the time period beginning on July 1 of any given year and
4278     ending on June 30 of the subsequent year.
4279          (6) "Fiscal year 1985 actual base year appropriations" means fiscal year 1985 actual
4280     capital and operations appropriations from General Fund and non-Uniform School Fund
4281     income tax revenue sources, less debt money.
4282          (7) "Inflation index" means the change in the general price level of goods and services
4283     as measured by the Gross National Product Implicit Price Deflator of the Bureau of Economic
4284     Analysis, U.S. Department of Commerce calculated as provided in Section 63J-3-202.
4285          (8) (a) "Maximum allowable appropriations limit" means the appropriations that could
4286     be, or could have been, spent in any given year under the limitations of this chapter.
4287          (b) "Maximum allowable appropriations limit" does not mean actual appropriations
4288     spent or actual expenditures.
4289          (9) "Most recent fiscal year's inflation index" means the fiscal year inflation index two
4290     fiscal years previous to the fiscal year for which the maximum allowable inflation and
4291     population appropriations limit is being computed under this chapter.
4292          (10) "Most recent fiscal year's population" means the fiscal year population two fiscal
4293     years previous to the fiscal year for which the maximum allowable inflation and population
4294     appropriations limit is being computed under this chapter.

4295          (11) "Population" means the number of residents of the state as of July 1 of each year
4296     as calculated by the Governor's Office of [Management] Planning and Budget according to the
4297     procedures and requirements of Section 63J-3-202.
4298          (12) "Revenues" means the revenues of the state from every tax, penalty, receipt, and
4299     other monetary exaction and interest connected with it that are recorded as unrestricted revenue
4300     of the General Fund and from non-Uniform School Fund income tax revenues, except as
4301     specifically exempted by this chapter.
4302          (13) "Security" means any bond, note, warrant, or other evidence of indebtedness,
4303     whether or not the bond, note, warrant, or other evidence of indebtedness is or constitutes an
4304     "indebtedness" within the meaning of any provision of the constitution or laws of this state.
4305          Section 64. Section 63J-3-202 is amended to read:
4306          63J-3-202. Computing formula elements.
4307          (1) For purposes of calculating fiscal year inflation indexes for the previous fiscal year,
4308     the Governor's Office of [Management] Planning and Budget shall use:
4309          (a) the actual quarterly data released by the U.S. Department of Commerce as of
4310     January 31 of each year; and
4311          (b) the most recent U.S. Bureau of Census population estimates as of January 31 of
4312     each year.
4313          (2) (a) For purposes of computing the inflation index, the Governor's Office of
4314     [Management] Planning and Budget shall:
4315          (i) assign the bureau's 1982 calendar year inflation index value of 100 to fiscal year
4316     1989 for purposes of computing fiscal year index values;
4317          (ii) compute all subsequent fiscal year inflation indexes after having assigned the fiscal
4318     year 1989 inflation index a value of 100; and
4319          (iii) use the quarterly index values published by the Bureau of Economic Analysis,
4320     U.S. Department of Commerce, to compute fiscal year index values.
4321          (b) If the bureau changes its calendar base year, appropriate adjustments are to be made

4322     in this chapter to accommodate those changes.
4323          (3) (a) For purposes of computing the most recent fiscal year's population, the
4324     Governor's Office of [Management] Planning and Budget shall convert the April 1 decennial
4325     census estimate to a July 1 estimate, unless otherwise estimated by the Bureau of Census.
4326          (b) If the bureau changes the state's July 1, 1983 base year population after it conducts
4327     the 1990 Census, appropriate adjustments shall be made in this chapter to accommodate those
4328     changes.
4329          Section 65. Section 63J-4-101 is amended to read:
4330     
CHAPTER 4. GOVERNOR'S OFFICE OF PLANNING AND BUDGET

4331          63J-4-101. Title.
4332          This chapter is known as the "Governor's Office of [Management] Planning and
4333     Budget."
4334          Section 66. Section 63J-4-102 is amended to read:
4335          63J-4-102. Definitions.
4336          As used in this chapter:
4337          [(1) "Committee" means the Resource Development Coordinating Committee created
4338     by this chapter.]
4339          [(2)] (1) "Executive director" means the chief administrative officer of the [Governor's
4340     Office of Management and Budget appointed as provided in this chapter] office, appointed
4341     under Section 63J-4-202.
4342          [(3)] (2) "Office" means the Governor's Office of [Management] Planning and Budget
4343     created [by this chapter.] in Section 63J-4-201.
4344          (3) "Planning coordinator" means the individual appointed as the planning coordinator
4345     under Section 63J-4-401.
4346          (4) "Political subdivision" means:
4347          (a) a county, municipality, local district, special service district, school district, or
4348     interlocal [cooperation agreement entity, or any] entity, as defined in Section 11-13-103; or

4349          (b) an administrative subunit of [them] an entity listed in Subsection (4)(a).
4350          [(5) "State planning coordinator" means the person appointed as planning coordinator
4351     as provided in this chapter.]
4352          Section 67. Section 63J-4-201 is amended to read:
4353          63J-4-201. Creation of Governor's Office of Planning and Budget.
4354          There is created within the governor's office the Governor's Office of [Management]
4355     Planning and Budget to be administered by an executive director.
4356          Section 68. Section 63J-4-202 is amended to read:
4357          63J-4-202. Appointment of executive director -- Salary.
4358          (1) [(a)] The governor shall appoint an executive director of the office, to serve at the
4359     governor's pleasure[:].
4360          [(i) an executive director of the Governor's Office of Management and Budget; and]
4361          [(ii) a state planning coordinator.]
4362          [(b) The state planning coordinator is considered part of the office for purposes of
4363     administration.]
4364          (2) The governor shall establish the executive director's salary within the salary range
4365     fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
4366          Section 69. Section 63J-4-301 is amended to read:
4367          63J-4-301. Duties of the executive director and office.
4368          (1) The executive director and the office shall:
4369          (a) comply with the procedures and requirements of Title 63J, Chapter 1, Budgetary
4370     Procedures Act;
4371          (b) under the direct supervision of the governor, assist the governor in the preparation
4372     of the governor's budget recommendations;
4373          (c) review agency budget execution plans as specified in Section 63J-1-209;
4374          (d) establish benchmarking practices for measuring operational costs, quality of
4375     service, and effectiveness across all state agencies and programs;

4376          (e) assist agencies with the development of an operational plan that uses continuous
4377     improvement tools and operational metrics to increase statewide capacity and improve
4378     interagency integration;
4379          (f) review and assess agency budget requests and expenditures using a clear set of goals
4380     and measures;
4381          (g) develop and maintain enterprise portfolio and electronic information systems to
4382     select and oversee the execution of projects, ensure a return on investment, and trace and report
4383     performance metrics; and
4384          [(h) coordinate with the executive directors of the Department of Workforce Services
4385     and the Governor's Office of Economic Development to review data and metrics to be reported
4386     to the Legislature as described in Subsection 63J-4-708(2)(d); and]
4387          [(i)] (h) perform other duties and responsibilities as assigned by the governor.
4388          (2) (a) The executive director [of the Governor's Office of Management and Budget] or
4389     the executive director's designee is the Federal Assistance Management Officer.
4390          (b) In acting as the Federal Assistance Management Officer, the executive director or
4391     designee shall:
4392          (i) study the administration and effect of federal assistance programs in the state and
4393     advise the governor and the Legislature, through the Office of the Legislative Fiscal Analyst
4394     and the Executive Appropriations Committee, of alternative recommended methods and
4395     procedures for the administration of these programs;
4396          (ii) assist in the coordination of federal assistance programs that involve or are
4397     administered by more than one state agency; and
4398          (iii) analyze and advise on applications for new federal assistance programs submitted
4399     to the governor for approval as required by Chapter 5, Federal Funds Procedures Act.
4400          Section 70. Section 63J-4-401 is amended to read:
4401          63J-4-401. Planning coordinator appointment, functions, and duties.
4402          (1) (a) The executive director shall appoint a planning coordinator to perform the

4403     functions and duties stated in this section.
4404          (b) The planning coordinator serves at the pleasure of and under the direction of the
4405     executive director.
4406          [(1)] (2) The [state] planning coordinator shall:
4407          (a) act as the governor's adviser on state, regional, metropolitan, and local
4408     governmental planning matters relating to public improvements and land use;
4409          (b) counsel with the authorized representatives of the Department of Transportation,
4410     the State Building Board, the Department of Health, the Department of Workforce Services,
4411     the Labor Commission, the Department of Natural Resources, the School and Institutional
4412     Trust Lands Administration, and other proper persons concerning all state planning matters;
4413          (c) when designated to do so by the governor, receive funds made available to [Utah]
4414     the state by the federal government;
4415          (d) receive [and], review, and provide an internet-accessible repository of plans and
4416     studies of the various state agencies and political subdivisions relating to public improvements
4417     [and programs], housing, land use, economic development, transportation infrastructure, water
4418     infrastructure, and utility infrastructure;
4419          (e) [when conflicts occur] if a conflict occurs between the plans and proposals of state
4420     agencies, prepare specific recommendations for the resolution of the [conflicts] conflict and
4421     submit the recommendations to the governor for a decision resolving the conflict;
4422          (f) [when conflicts occur] if a conflict occurs between the plans and proposals of a state
4423     agency and a political subdivision or between two or more political subdivisions, advise these
4424     entities of the conflict and make specific recommendations for the resolution of the conflict;
4425          (g) act as the governor's planning agent in planning public improvements and land use
4426     and, in this capacity, undertake special studies and investigations, participate in
4427     cross-jurisdictional planning activities, and, if needed, provide coordination;
4428          (h) provide information and cooperate with the Legislature or any of its committees in
4429     conducting planning studies;

4430          (i) cooperate and exchange information with federal agencies and local, metropolitan,
4431     or regional agencies as necessary to assist with federal, state, regional, metropolitan, and local
4432     programs;
4433          (j) make recommendations to the governor that the planning coordinator considers
4434     advisable for the proper development and coordination of plans for state government and
4435     political subdivisions; [and]
4436          [(k) oversee and supervise the activities and duties of the public lands policy
4437     coordinator.]
4438          (k) assist in the interpretation of projections and analyses with respect to future growth
4439     needs; and
4440          (l) actively participate in informing the short-term and long-term budgetary needs of
4441     the state.
4442          [(2)] (3) (a) The [state] planning coordinator may:
4443          [(a)] (i) perform regional and state planning and assist state government planning
4444     agencies in performing state planning;
4445          [(b)] (ii) provide planning assistance to Indian tribes regarding planning for Indian
4446     reservations; [and]
4447          [(c)] (iii) assist city, county, metropolitan, and regional planning agencies in
4448     performing local, metropolitan, and regional planning[, provided that the state planning
4449     coordinator and the state planning coordinator's agents and designees recognize and promote
4450     the plans, policies, programs, processes, and desired outcomes of each planning agency
4451     whenever possible.], subject to Subsection (3)(b); and
4452          (iv) conduct, or coordinate with stakeholders to conduct, public meetings or hearings
4453     to:
4454          (A) encourage maximum public understanding of and agreement with the factual data
4455     and assumptions upon which projections and analyses are based; and
4456          (B) receive suggestions as to the types of projections and analyses that are needed.

4457          (b) In performing the duties described in Subsection (3)(a)(iii), to the extent possible
4458     the planning coordinator and any agent or designee of the planning coordinator shall recognize
4459     and promote the plans, policies, programs, processes, and desired outcomes of the city, county,
4460     metropolitan, or regional planning agency that the planning coordinator or the planning
4461     coordinator's agent or designee is assisting.
4462          [(3) When preparing or] (4) In assisting in the preparation of plans, policies, programs,
4463     or processes related to the management or use of federal lands or natural resources on federal
4464     lands in [Utah] the state, the [state] planning coordinator shall[:] coordinate with the Public
4465     Lands Policy Coordinating Office created in Section 63L-11-201.
4466          [(a) incorporate the plans, policies, programs, processes, and desired outcomes of the
4467     counties where the federal lands or natural resources are located, to the maximum extent
4468     consistent with state and federal law, provided that this requirement shall not be interpreted to
4469     infringe upon the authority of the governor;]
4470          [(b) identify inconsistencies or conflicts between the plans, policies, programs,
4471     processes, and desired outcomes prepared under Subsection (3)(a) and the plans, programs,
4472     processes, and desired outcomes of local government as early in the preparation process as
4473     possible, and seek resolution of the inconsistencies through meetings or other conflict
4474     resolution mechanisms involving the necessary and immediate parties to the inconsistency or
4475     conflict;]
4476          [(c) present to the governor the nature and scope of any inconsistency or other conflict
4477     that is not resolved under the procedures in Subsection (3)(b) for the governor's decision about
4478     the position of the state concerning the inconsistency or conflict;]
4479          [(d) develop, research, and use factual information, legal analysis, and statements of
4480     desired future condition for the state, or subregion of the state, as necessary to support the
4481     plans, policies, programs, processes, and desired outcomes of the state and the counties where
4482     the federal lands or natural resources are located;]
4483          [(e) establish and coordinate agreements between the state and federal land

4484     management agencies, federal natural resource management agencies, and federal natural
4485     resource regulatory agencies to facilitate state and local participation in the development,
4486     revision, and implementation of land use plans, guidelines, regulations, other instructional
4487     memoranda, or similar documents proposed or promulgated for lands and natural resources
4488     administered by federal agencies; and]
4489          [(f) work in conjunction with political subdivisions to establish agreements with
4490     federal land management agencies, federal natural resource management agencies, and federal
4491     natural resource regulatory agencies to provide a process for state and local participation in the
4492     preparation of, or coordinated state and local response to, environmental impact analysis
4493     documents and similar documents prepared pursuant to law by state or federal agencies.]
4494          [(4) The state planning coordinator shall comply with the requirements of Subsection
4495     63C-4a-203(8) before submitting any comments on a draft environmental impact statement or
4496     on an environmental assessment for a proposed land management plan, if the governor would
4497     be subject to Subsection 63C-4a-203(8) if the governor were submitting the material.]
4498          [(5) The state planning coordinator shall cooperate with and work in conjunction with
4499     appropriate state agencies and political subdivisions to develop policies, plans, programs,
4500     processes, and desired outcomes authorized by this section by coordinating the development of
4501     positions:]
4502          [(a) through the Resource Development Coordinating Committee;]
4503          [(b) in conjunction with local government officials concerning general local
4504     government plans;]
4505          [(c) by soliciting public comment through the Resource Development Coordinating
4506     Committee; and]
4507          [(d) by working with the Public Lands Policy Coordinating Office.]
4508          [(6) The state planning coordinator shall recognize and promote the following
4509     principles when preparing any policies, plans, programs, processes, or desired outcomes
4510     relating to federal lands and natural resources on federal lands pursuant to this section:]

4511          [(a) (i) the citizens of the state are best served by applying multiple-use and
4512     sustained-yield principles in public land use planning and management; and]
4513          [(ii) multiple-use and sustained-yield management means that federal agencies should
4514     develop and implement management plans and make other resource-use decisions that:]
4515          [(A) achieve and maintain in perpetuity a high-level annual or regular periodic output
4516     of mineral and various renewable resources from public lands;]
4517          [(B) support valid existing transportation, mineral, and grazing privileges at the highest
4518     reasonably sustainable levels;]
4519          [(C) support the specific plans, programs, processes, and policies of state agencies and
4520     local governments;]
4521          [(D) are designed to produce and provide the desired vegetation for the watersheds,
4522     timber, food, fiber, livestock forage, and wildlife forage, and minerals that are necessary to
4523     meet present needs and future economic growth and community expansion without permanent
4524     impairment of the productivity of the land;]
4525          [(E) meet the recreational needs and the personal and business-related transportation
4526     needs of the citizens of the state by providing access throughout the state;]
4527          [(F) meet the recreational needs of the citizens of the state;]
4528          [(G) meet the needs of wildlife;]
4529          [(H) provide for the preservation of cultural resources, both historical and
4530     archaeological;]
4531          [(I) meet the needs of economic development;]
4532          [(J) meet the needs of community development; and]
4533          [(K) provide for the protection of water rights;]
4534          [(b) managing public lands for "wilderness characteristics" circumvents the statutory
4535     wilderness process and is inconsistent with the multiple-use and sustained-yield management
4536     standard that applies to all Bureau of Land Management and U.S. Forest Service lands that are
4537     not wilderness areas or wilderness study areas;]

4538          [(c) all waters of the state are:]
4539          [(i) owned exclusively by the state in trust for its citizens;]
4540          [(ii) are subject to appropriation for beneficial use; and]
4541          [(iii) are essential to the future prosperity of the state and the quality of life within the
4542     state;]
4543          [(d) the state has the right to develop and use its entitlement to interstate rivers;]
4544          [(e) all water rights desired by the federal government must be obtained through the
4545     state water appropriation system;]
4546          [(f) land management and resource-use decisions which affect federal lands should
4547     give priority to and support the purposes of the compact between the state and the United
4548     States related to school and institutional trust lands;]
4549          [(g) development of the solid, fluid, and gaseous mineral resources of the state is an
4550     important part of the economy of the state, and of local regions within the state;]
4551          [(h) the state should foster and support industries that take advantage of the state's
4552     outstanding opportunities for outdoor recreation;]
4553          [(i) wildlife constitutes an important resource and provides recreational and economic
4554     opportunities for the state's citizens;]
4555          [(j) proper stewardship of the land and natural resources is necessary to ensure the
4556     health of the watersheds, timber, forage, and wildlife resources to provide for a continuous
4557     supply of resources for the people of the state and the people of the local communities who
4558     depend on these resources for a sustainable economy;]
4559          [(k) forests, rangelands, timber, and other vegetative resources:]
4560          [(i) provide forage for livestock;]
4561          [(ii) provide forage and habitat for wildlife;]
4562          [(iii) provide resources for the state's timber and logging industries;]
4563          [(iv) contribute to the state's economic stability and growth; and]
4564          [(v) are important for a wide variety of recreational pursuits;]

4565          [(l) management programs and initiatives that improve watersheds, forests, and
4566     increase forage for the mutual benefit of wildlife species and livestock, logging, and other
4567     agricultural industries by utilizing proven techniques and tools are vital to the state's economy
4568     and the quality of life in Utah; and]
4569          [(m) (i) land management plans, programs, and initiatives should provide that the
4570     amount of domestic livestock forage, expressed in animal unit months, for permitted, active
4571     use as well as the wildlife forage included in that amount, be no less than the maximum
4572     number of animal unit months sustainable by range conditions in grazing allotments and
4573     districts, based on an on-the-ground and scientific analysis;]
4574          [(ii) the state opposes the relinquishment or retirement of grazing animal unit months
4575     in favor of conservation, wildlife, and other uses;]
4576          [(iii) (A) the state favors the best management practices that are jointly sponsored by
4577     cattlemen's, sportsmen's, and wildlife management groups such as chaining, logging, seeding,
4578     burning, and other direct soil and vegetation prescriptions that are demonstrated to restore
4579     forest and rangeland health, increase forage, and improve watersheds in grazing districts and
4580     allotments for the mutual benefit of domestic livestock and wildlife;]
4581          [(B) when practices described in Subsection (6)(m)(iii)(A) increase a grazing
4582     allotment's forage beyond the total permitted forage use that was allocated to that allotment in
4583     the last federal land use plan or allotment management plan still in existence as of January 1,
4584     2005, a reasonable and fair portion of the increase in forage beyond the previously allocated
4585     total permitted use should be allocated to wildlife as recommended by a joint, evenly balanced
4586     committee of livestock and wildlife representatives that is appointed and constituted by the
4587     governor for that purpose;]
4588          [(C) the state favors quickly and effectively adjusting wildlife population goals and
4589     population census numbers in response to variations in the amount of available forage caused
4590     by drought or other climatic adjustments, and state agencies responsible for managing wildlife
4591     population goals and population census numbers will give due regard to both the needs of the

4592     livestock industry and the need to prevent the decline of species to a point where listing under
4593     the terms of the Endangered Species Act when making such adjustments;]
4594          [(iv) the state opposes the transfer of grazing animal unit months to wildlife for
4595     supposed reasons of rangeland health;]
4596          [(v) reductions in domestic livestock animal unit months must be temporary and
4597     scientifically based upon rangeland conditions;]
4598          [(vi) policies, plans, programs, initiatives, resource management plans, and forest plans
4599     may not allow the placement of grazing animal unit months in a suspended use category unless
4600     there is a rational and scientific determination that the condition of the rangeland allotment or
4601     district in question will not sustain the animal unit months sought to be placed in suspended
4602     use;]
4603          [(vii) any grazing animal unit months that are placed in a suspended use category
4604     should be returned to active use when range conditions improve;]
4605          [(viii) policies, plans, programs, and initiatives related to vegetation management
4606     should recognize and uphold the preference for domestic grazing over alternate forage uses in
4607     established grazing districts while upholding management practices that optimize and expand
4608     forage for grazing and wildlife in conjunction with state wildlife management plans and
4609     programs in order to provide maximum available forage for all uses; and]
4610          [(ix) in established grazing districts, animal unit months that have been reduced due to
4611     rangeland health concerns should be restored to livestock when rangeland conditions improve,
4612     and should not be converted to wildlife use.]
4613          [(7) The state planning coordinator shall recognize and promote the following findings
4614     in the preparation of any policies, plans, programs, processes, or desired outcomes relating to
4615     federal lands and natural resources on federal lands under this section:]
4616          [(a) as a coholder of R.S. 2477 rights-of-way with the counties, the state supports its
4617     recognition by the federal government and the public use of R.S. 2477 rights-of-way and urges
4618     the federal government to fully recognize the rights-of-way and their use by the public as

4619     expeditiously as possible;]
4620          [(b) it is the policy of the state to use reasonable administrative and legal measures to
4621     protect and preserve valid existing rights-of-way granted by Congress under R.S. 2477, and to
4622     support and work in conjunction with counties to redress cases where R.S. 2477 rights-of-way
4623     are not recognized or are impaired; and]
4624          [(c) transportation and access routes to and across federal lands, including all
4625     rights-of-way vested under R.S. 2477, are vital to the state's economy and to the quality of life
4626     in the state, and must provide, at a minimum, a network of roads throughout the resource
4627     planning area that provides for:]
4628          [(i) movement of people, goods, and services across public lands;]
4629          [(ii) reasonable access to a broad range of resources and opportunities throughout the
4630     resource planning area, including:]
4631          [(A) livestock operations and improvements;]
4632          [(B) solid, fluid, and gaseous mineral operations;]
4633          [(C) recreational opportunities and operations, including motorized and nonmotorized
4634     recreation;]
4635          [(D) search and rescue needs;]
4636          [(E) public safety needs; and]
4637          [(F) access for transportation of wood products to market;]
4638          [(iii) access to federal lands for people with disabilities and the elderly; and]
4639          [(iv) access to state lands and school and institutional trust lands to accomplish the
4640     purposes of those lands.]
4641          [(8) The state planning coordinator shall recognize and promote the following findings
4642     in the preparation of any plans, policies, programs, processes, or desired outcomes relating to
4643     federal lands and natural resources on federal lands pursuant to this section:]
4644          [(a) the state's support for the addition of a river segment to the National Wild and
4645     Scenic Rivers System, 16 U.S.C. Sec. 1271 et seq., will be withheld until:]

4646          [(i) it is clearly demonstrated that water is present and flowing at all times;]
4647          [(ii) it is clearly demonstrated that the required water-related value is considered
4648     outstandingly remarkable within a region of comparison consisting of one of the three
4649     physiographic provinces in the state, and that the rationale and justification for the conclusions
4650     are disclosed;]
4651          [(iii) it is clearly demonstrated that the inclusion of each river segment is consistent
4652     with the plans and policies of the state and the county or counties where the river segment is
4653     located as those plans and policies are developed according to Subsection (3);]
4654          [(iv) the effects of the addition upon the local and state economies, agricultural and
4655     industrial operations and interests, outdoor recreation, water rights, water quality, water
4656     resource planning, and access to and across river corridors in both upstream and downstream
4657     directions from the proposed river segment have been evaluated in detail by the relevant federal
4658     agency;]
4659          [(v) it is clearly demonstrated that the provisions and terms of the process for review of
4660     potential additions have been applied in a consistent manner by all federal agencies;]
4661          [(vi) the rationale and justification for the proposed addition, including a comparison
4662     with protections offered by other management tools, is clearly analyzed within the multiple-use
4663     mandate, and the results disclosed;]
4664          [(vii) it is clearly demonstrated that the federal agency with management authority over
4665     the river segment, and which is proposing the segment for inclusion in the National Wild and
4666     Scenic River System will not use the actual or proposed designation as a basis to impose
4667     management standards outside of the federal land management plan;]
4668          [(viii) it is clearly demonstrated that the terms and conditions of the federal land and
4669     resource management plan containing a recommendation for inclusion in the National Wild
4670     and Scenic River System:]
4671          [(A) evaluates all eligible river segments in the resource planning area completely and
4672     fully for suitability for inclusion in the National Wild and Scenic River System;]

4673          [(B) does not suspend or terminate any studies for inclusion in the National Wild and
4674     Scenic River System at the eligibility phase;]
4675          [(C) fully disclaims any interest in water rights for the recommended segment as a
4676     result of the adoption of the plan; and]
4677          [(D) fully disclaims the use of the recommendation for inclusion in the National Wild
4678     and Scenic River System as a reason or rationale for an evaluation of impacts by proposals for
4679     projects upstream, downstream, or within the recommended segment;]
4680          [(ix) it is clearly demonstrated that the agency with management authority over the
4681     river segment commits not to use an actual or proposed designation as a basis to impose Visual
4682     Resource Management Class I or II management prescriptions that do not comply with the
4683     provisions of Subsection (8)(t); and]
4684          [(x) it is clearly demonstrated that including the river segment and the terms and
4685     conditions for managing the river segment as part of the National Wild and Scenic River
4686     System will not prevent, reduce, impair, or otherwise interfere with:]
4687          [(A) the state and its citizens' enjoyment of complete and exclusive water rights in and
4688     to the rivers of the state as determined by the laws of the state; or]
4689          [(B) local, state, regional, or interstate water compacts to which the state or any county
4690     is a party;]
4691          [(b) the conclusions of all studies related to potential additions to the National Wild
4692     and Scenic River System, 16 U.S.C. Sec. 1271 et seq., are submitted to the state for review and
4693     action by the Legislature and governor, and the results, in support of or in opposition to, are
4694     included in any planning documents or other proposals for addition and are forwarded to the
4695     United States Congress;]
4696          [(c) the state's support for designation of an Area of Critical Environmental Concern
4697     (ACEC), as defined in 43 U.S.C. Sec. 1702, within federal land management plans will be
4698     withheld until:]
4699          [(i) it is clearly demonstrated that the proposed area satisfies all the definitional

4700     requirements of the Federal Land Policy and Management Act of 1976, 43 U.S.C. Sec.
4701     1702(a);]
4702          [(ii) it is clearly demonstrated that the area proposed for designation as an ACEC is
4703     limited in geographic size and that the proposed management prescriptions are limited in scope
4704     to the minimum necessary to specifically protect and prevent irreparable damage to the relevant
4705     and important values identified, or limited in geographic size and management prescriptions to
4706     the minimum required to specifically protect human life or safety from natural hazards;]
4707          [(iii) it is clearly demonstrated that the proposed area is limited only to areas that are
4708     already developed or used or to areas where no development is required;]
4709          [(iv) it is clearly demonstrated that the proposed area contains relevant and important
4710     historic, cultural or scenic values, fish or wildlife resources, or natural processes which are
4711     unique or substantially significant on a regional basis, or contain natural hazards which
4712     significantly threaten human life or safety;]
4713          [(v) the federal agency has analyzed regional values, resources, processes, or hazards
4714     for irreparable damage and its potential causes resulting from potential actions which are
4715     consistent with the multiple-use, sustained-yield principles, and the analysis describes the
4716     rationale for any special management attention required to protect, or prevent irreparable
4717     damage to the values, resources, processes, or hazards;]
4718          [(vi) it is clearly demonstrated that the proposed designation is consistent with the
4719     plans and policies of the state and of the county where the proposed designation is located as
4720     those plans and policies are developed according to Subsection (3);]
4721          [(vii) it is clearly demonstrated that the proposed ACEC designation will not be applied
4722     redundantly over existing protections provided by other state and federal laws for federal lands
4723     or resources on federal lands, and that the federal statutory requirement for special management
4724     attention for a proposed ACEC will discuss and justify any management requirements needed
4725     in addition to those specified by the other state and federal laws;]
4726          [(viii) the difference between special management attention required for an ACEC and

4727     normal multiple-use management has been identified and justified, and that any determination
4728     of irreparable damage has been analyzed and justified for short and long-term horizons;]
4729          [(ix) it is clearly demonstrated that the proposed designation:]
4730          [(A) is not a substitute for a wilderness suitability recommendation;]
4731          [(B) is not a substitute for managing areas inventoried for wilderness characteristics
4732     after 1993 under the BLM interim management plan for valid wilderness study areas; and]
4733          [(C) it is not an excuse or justification to apply de facto wilderness management
4734     standards; and]
4735          [(x) the conclusions of all studies are submitted to the state, as a cooperating agency,
4736     for review, and the results, in support of or in opposition to, are included in all planning
4737     documents;]
4738          [(d) sufficient federal lands are made available for government-to-government
4739     exchanges of school and institutional trust lands and federal lands without regard for a
4740     resource-to-resource correspondence between the surface or mineral characteristics of the
4741     offered trust lands and the offered federal lands;]
4742          [(e) federal agencies should support government-to-government exchanges of land
4743     with the state based on a fair process of valuation which meets the fiduciary obligations of both
4744     the state and federal governments toward trust lands management, and which assures that
4745     revenue authorized by federal statute to the state from mineral or timber production, present or
4746     future, is not diminished in any manner during valuation, negotiation, or implementation
4747     processes;]
4748          [(f) agricultural and grazing lands should continue to produce the food and fiber
4749     needed by the citizens of the state and the nation, and the rural character and open landscape of
4750     rural Utah should be preserved through a healthy and active agricultural and grazing industry,
4751     consistent with private property rights and state fiduciary duties;]
4752          [(g) the resources of the forests and rangelands of the state should be integrated as part
4753     of viable, robust, and sustainable state and local economies, and available forage should be

4754     evaluated for the full complement of herbivores the rangelands can support in a sustainable
4755     manner, and forests should contain a diversity of timber species, and disease or insect
4756     infestations in forests should be controlled using logging or other best management practices;]
4757          [(h) the state opposes any additional evaluation of national forest service lands as
4758     "roadless" or "unroaded" beyond the forest service's second roadless area review evaluation and
4759     opposes efforts by agencies to specially manage those areas in a way that:]
4760          [(i) closes or declassifies existing roads unless multiple side by side roads exist running
4761     to the same destination and state and local governments consent to close or declassify the extra
4762     roads;]
4763          [(ii) permanently bars travel on existing roads;]
4764          [(iii) excludes or diminishes traditional multiple-use activities, including grazing and
4765     proper forest harvesting;]
4766          [(iv) interferes with the enjoyment and use of valid, existing rights, including water
4767     rights, local transportation plan rights, R.S. 2477 rights, grazing allotment rights, and mineral
4768     leasing rights; or]
4769          [(v) prohibits development of additional roads reasonably necessary to pursue
4770     traditional multiple-use activities;]
4771          [(i) the state's support for any forest plan revision or amendment will be withheld until
4772     the appropriate plan revision or plan amendment clearly demonstrates that:]
4773          [(i) established roads are not referred to as unclassified roads or a similar
4774     classification;]
4775          [(ii) lands in the vicinity of established roads are managed under the multiple-use,
4776     sustained-yield management standard; and]
4777          [(iii) no roadless or unroaded evaluations or inventories are recognized or upheld
4778     beyond those that were recognized or upheld in the forest service's second roadless area review
4779     evaluation;]
4780          [(j) the state's support for any recommendations made under the statutory requirement

4781     to examine the wilderness option during the revision of land and resource management plans
4782     by the U.S. Forest Service will be withheld until it is clearly demonstrated that:]
4783          [(i) the duly adopted transportation plans of the state and county or counties within the
4784     planning area are fully and completely incorporated into the baseline inventory of information
4785     from which plan provisions are derived;]
4786          [(ii) valid state or local roads and rights-of-way are recognized and not impaired in any
4787     way by the recommendations;]
4788          [(iii) the development of mineral resources by underground mining is not affected by
4789     the recommendations;]
4790          [(iv) the need for additional administrative or public roads necessary for the full use of
4791     the various multiple-uses, including recreation, mineral exploration and development, forest
4792     health activities, and grazing operations is not unduly affected by the recommendations;]
4793          [(v) analysis and full disclosure is made concerning the balance of multiple-use
4794     management in the proposed areas, and that the analysis compares the full benefit of
4795     multiple-use management to the recreational, forest health, and economic needs of the state and
4796     the counties to the benefits of the requirements of wilderness management; and]
4797          [(vi) the conclusions of all studies related to the requirement to examine the wilderness
4798     option are submitted to the state for review and action by the Legislature and governor, and the
4799     results, in support of or in opposition to, are included in any planning documents or other
4800     proposals that are forwarded to the United States Congress;]
4801          [(k) the invasion of noxious weeds and undesirable invasive plant species into the state
4802     should be reversed, their presence eliminated, and their return prevented;]
4803          [(l) management and resource-use decisions by federal land management and
4804     regulatory agencies concerning the vegetative resources within the state should reflect serious
4805     consideration of the proper optimization of the yield of water within the watersheds of the
4806     state;]
4807          [(m) (i) it is the policy of the state that:]

4808          [(A) mineral and energy production and environmental protection are not mutually
4809     exclusive;]
4810          [(B) it is technically feasible to permit appropriate access to mineral and energy
4811     resources while preserving nonmineral and nonenergy resources;]
4812          [(C) resource management planning should seriously consider all available mineral and
4813     energy resources;]
4814          [(D) the development of the solid, fluid, and gaseous mineral resources of the state and
4815     the renewable resources of the state should be encouraged;]
4816          [(E) the waste of fluid and gaseous minerals within developed areas should be
4817     prohibited; and]
4818          [(F) requirements to mitigate or reclaim mineral development projects should be based
4819     on credible evidence of significant impacts to natural or cultural resources;]
4820          [(ii) the state's support for mineral development provisions within federal land
4821     management plans will be withheld until the appropriate land management plan environmental
4822     impact statement clearly demonstrates:]
4823          [(A) that the authorized planning agency has:]
4824          [(I) considered and evaluated the mineral and energy potential in all areas of the
4825     planning area as if the areas were open to mineral development under standard lease
4826     agreements; and]
4827          [(II) evaluated any management plan prescription for its impact on the area's baseline
4828     mineral and energy potential;]
4829          [(B) that the development provisions do not unduly restrict access to public lands for
4830     energy exploration and development;]
4831          [(C) that the authorized planning agency has supported any closure of additional areas
4832     to mineral leasing and development or any increase of acres subject to no surface occupancy
4833     restrictions by adhering to:]
4834          [(I) the relevant provisions of the Federal Land Policy and Management Act of 1976,

4835     43 U.S.C. Sec. 1701 et seq.;]
4836          [(II) other controlling mineral development laws; and]
4837          [(III) the controlling withdrawal and reporting procedures set forth in the Federal Land
4838     Policy and Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;]
4839          [(D) that the authorized planning agency evaluated whether to repeal any moratorium
4840     that may exist on the issuance of additional mining patents and oil and gas leases;]
4841          [(E) that the authorized planning agency analyzed all proposed mineral lease
4842     stipulations and considered adopting the least restrictive necessary to protect against damage to
4843     other significant resource values;]
4844          [(F) that the authorized planning agency evaluated mineral lease restrictions to
4845     determine whether to waive, modify, or make exceptions to the restrictions on the basis that
4846     they are no longer necessary or effective;]
4847          [(G) that the authorized federal agency analyzed all areas proposed for no surface
4848     occupancy restrictions, and that the analysis evaluated:]
4849          [(I) whether directional drilling is economically feasible and ecologically necessary for
4850     each proposed no surface occupancy area;]
4851          [(II) whether the directional drilling feasibility analysis, or analysis of other
4852     management prescriptions, demonstrates that the proposed no surface occupancy prescription,
4853     in effect, sterilizes the mineral and energy resources beneath the area; and]
4854          [(III) whether, if the minerals are effectively sterilized, the area must be reported as
4855     withdrawn under the provisions of the Federal Land Policy and Management Act; and]
4856          [(H) that the authorized planning agency has evaluated all directional drilling
4857     requirements in no surface occupancy areas to determine whether directional drilling is feasible
4858     from an economic, ecological, and engineering standpoint;]
4859          [(n) motorized, human, and animal-powered outdoor recreation should be integrated
4860     into a fair and balanced allocation of resources within the historical and cultural framework of
4861     multiple-uses in rural Utah, and outdoor recreation should be supported as part of a balanced

4862     plan of state and local economic support and growth;]
4863          [(o) off-highway vehicles should be used responsibly, the management of off-highway
4864     vehicles should be uniform across all jurisdictions, and laws related to the use of off-highway
4865     vehicles should be uniformly applied across all jurisdictions;]
4866          [(p) (i) rights-of-way granted and vested under the provisions of R.S. 2477 should be
4867     preserved and acknowledged;]
4868          [(ii) land use management plans, programs, and initiatives should be consistent with
4869     both state and county transportation plans developed according to Subsection (3) in order to
4870     provide a network of roads throughout the planning area that provides for:]
4871          [(A) movement of people, goods, and services across public lands;]
4872          [(B) reasonable access to a broad range of resources and opportunities throughout the
4873     planning area, including access to livestock, water, and minerals;]
4874          [(C) economic and business needs;]
4875          [(D) public safety;]
4876          [(E) search and rescue;]
4877          [(F) access for people with disabilities and the elderly;]
4878          [(G) access to state lands; and]
4879          [(H) recreational opportunities;]
4880          [(q) transportation and access provisions for all other existing routes, roads, and trails
4881     across federal, state, and school trust lands within the state should be determined and
4882     identified, and agreements should be executed and implemented, as necessary to fully authorize
4883     and determine responsibility for maintenance of all routes, roads, and trails;]
4884          [(r) the reasonable development of new routes and trails for motorized, human, and
4885     animal-powered recreation should be implemented;]
4886          [(s) (i) forests, rangelands, and watersheds, in a healthy condition, are necessary and
4887     beneficial for wildlife, livestock grazing, and other multiple-uses;]
4888          [(ii) management programs and initiatives that are implemented to increase forage for

4889     the mutual benefit of the agricultural industry, livestock operations, and wildlife species should
4890     utilize all proven techniques and tools;]
4891          [(iii) the continued viability of livestock operations and the livestock industry should
4892     be supported on the federal lands within the state by management of the lands and forage
4893     resources, by the proper optimization of animal unit months for livestock, in accordance with
4894     the multiple-use provisions of the Federal Land Policy and Management Act of 1976, 43
4895     U.S.C. 1701 et seq., the provisions of the Taylor Grazing Act of 1934, 43 U.S.C. 315 et seq.,
4896     and the provisions of the Public Rangelands Improvement Act of 1978, 43 U.S.C. 1901 et
4897     seq.;]
4898          [(iv) provisions for predator control initiatives or programs under the direction of state
4899     and local authorities should be implemented; and]
4900          [(v) resource-use and management decisions by federal land management and
4901     regulatory agencies should support state-sponsored initiatives or programs designed to stabilize
4902     wildlife populations that may be experiencing a scientifically demonstrated decline in those
4903     populations; and]
4904          [(t) management and resource use decisions by federal land management and
4905     regulatory agencies concerning the scenic resources of the state must balance the protection of
4906     scenery with the full management requirements of the other authorized uses of the land under
4907     multiple-use management, and should carefully consider using Visual Resource Management
4908     Class I protection only for areas of inventoried Class A scenery or equivalent.]
4909          [(9) Notwithstanding any provision of Section 63J-8-105.5, the state is committed to
4910     establishing and administering an effective statewide conservation strategy for greater sage
4911     grouse.]
4912          [(10) Nothing contained in this section may be construed to restrict or supersede the
4913     planning powers conferred upon state departments, agencies, instrumentalities, or advisory
4914     councils of the state or the planning powers conferred upon political subdivisions by any other
4915     existing law.]

4916          [(11) Nothing in this section may be construed to affect any lands withdrawn from the
4917     public domain for military purposes, which are administered by the United States Army, Air
4918     Force, or Navy.]
4919          Section 71. Section 63J-5-201 is amended to read:
4920          63J-5-201. Legislative appropriation subcommittees to review certain federal
4921     funds reauthorizations -- Executive appropriations review -- Legislative approval.
4922          (1) The Governor's Office of [Management] Planning and Budget shall annually
4923     prepare and submit a federal funds request summary for each agency to the Legislative Fiscal
4924     Analyst at the same time the governor submits the confidential draft budget under Section
4925     63J-1-201.
4926          (2) (a) The Legislative Fiscal Analyst, as directed by the Executive Appropriations
4927     Committee, may include federal funds in the base budget appropriations act or acts, when those
4928     acts are prepared as provided in JR3-2-402.
4929          (b) The Legislative Fiscal Analyst shall submit a federal funds request summary for
4930     each agency to the legislative appropriations subcommittee responsible for that agency's budget
4931     for review during each annual general session.
4932          (3) Each legislative appropriations subcommittee shall review the federal funds request
4933     summary and may:
4934          (a) recommend that the agency accept the federal funds or participate in the federal
4935     program for the fiscal year under consideration; or
4936          (b) recommend that the agency not accept the federal funds or not participate in the
4937     federal program for the fiscal year under consideration.
4938          (4) The Legislative Executive Appropriations Committee shall:
4939          (a) review each subcommittee's recommendation;
4940          (b) determine whether or not the agency should be authorized to accept the federal
4941     funds or participate in the federal program; and
4942          (c) direct the Legislative Fiscal Analyst to include or exclude those federal funds and

4943     federal programs in an annual appropriations act for approval by the Legislature.
4944          (5) Legislative approval of an appropriations act containing federal funds constitutes
4945     legislative approval of the federal grants or awards associated with the federal funds for the
4946     purposes of compliance with the requirements of this chapter.
4947          Section 72. Section 63J-5-202 is amended to read:
4948          63J-5-202. Governor to approve certain new federal funds requests.
4949          (1) (a) Before obligating the state to accept or receive new federal funds or to
4950     participate in a new federal program, and no later than three months after submitting a new
4951     federal funds request, and, where possible, before formally submitting the new federal funds
4952     request, an executive branch agency shall submit a federal funds request summary to the
4953     governor or the governor's designee for approval or rejection when:
4954          (i) the state will receive total payments of $1,000,000 or less per year if the new federal
4955     funds request is approved;
4956          (ii) receipt of the new federal funds will require no additional permanent full-time
4957     employees, permanent part-time employees, or combination of additional permanent full-time
4958     employees and permanent part-time employees; and
4959          (iii) no new state money will be required to match the new federal funds or to
4960     implement the new federal program for which the grant is issued.
4961          (b) The Governor's Office of [Management] Planning and Budget shall report each new
4962     federal funds request that is approved by the governor or the governor's designee and each new
4963     federal funds request granted by the federal government to:
4964          (i) the Legislature's Executive Appropriations Committee;
4965          (ii) the Office of the Legislative Fiscal Analyst; and
4966          (iii) the Office of Legislative Research and General Counsel.
4967          (2) The governor or the governor's designee shall approve or reject each new federal
4968     funds request submitted under the authority of this section.
4969          (3) (a) If the governor or the governor's designee approves the new federal funds

4970     request, the executive branch agency may accept the new federal funds or participate in the new
4971     federal program.
4972          (b) If the governor or the governor's designee rejects the new federal funds request, the
4973     executive branch agency may not accept the new federal funds or participate in the new federal
4974     program.
4975          (4) If an executive branch agency fails to obtain the governor's or the governor's
4976     designee's approval under this section, the governor may require the agency to:
4977          (a) withdraw the new federal funds request;
4978          (b) return the federal funds;
4979          (c) withdraw from the federal program; or
4980          (d) any combination of Subsections (4)(a), (4)(b), and (4)(c).
4981          (5) If a letter or other official documentation awarding an agency a grant of federal
4982     funds is not available to be included in a federal funds request summary submitted to the
4983     Governor's Office of [Management] Planning and Budget under this section, the agency shall
4984     submit to the Governor's Office of [Management] Planning and Budget the letter or other
4985     official documentation awarding the agency a grant of federal funds before expending the
4986     federal funds granted.
4987          Section 73. Section 63J-7-201 is amended to read:
4988          63J-7-201. Governor to approve certain grant requests.
4989          (1) (a) Before obligating the state to accept or receive a grant, an executive branch
4990     agency shall submit a grant summary to the governor or the governor's designee for approval or
4991     rejection when:
4992          (i) the executive branch agency would receive a grant of at least $10,000 but no more
4993     than $50,000 if the grant is approved;
4994          (ii) receipt of the grant will require no additional permanent full-time employees,
4995     permanent part-time employees, or combination of additional permanent full-time employees
4996     and permanent part-time employees; and

4997          (iii) no new state money will be required to match the grant.
4998          (b) The Governor's Office of [Management] Planning and Budget shall report each
4999     grant authorized under this section to:
5000          (i) the Legislature's Executive Appropriations Committee; and
5001          (ii) the Office of the Legislative Fiscal Analyst.
5002          (2) The governor or the governor's designee shall approve or reject each grant
5003     submitted under the authority of this section.
5004          (3) (a) If the governor or the governor's designee approves the grant, the executive
5005     branch agency may accept the grant.
5006          (b) If the governor or the governor's designee rejects the grant, the executive branch
5007     agency may not accept the grant.
5008          (4) If an executive branch agency fails to obtain the governor's or the governor's
5009     designee's approval under this section, the governor may require the agency to return the grant.
5010          Section 74. Section 63J-8-102 is amended to read:
5011          63J-8-102. Definitions.
5012          As used in this chapter:
5013          (1) "ACEC" means an area of critical environmental concern as defined in 43 U.S.C.
5014     Sec. 1702.
5015          (2) "AUM" means animal unit months, a unit of grazing forage.
5016          (3) "BLM" means the United States Bureau of Land Management.
5017          (4) "BLM recommended wilderness" means a wilderness study area recommended for
5018     wilderness designation in the final report of the president of the United States to the United
5019     States Congress in 1993.
5020          (5) "Federal land use designation" means one or a combination of the following
5021     congressional or federal actions included in proposed congressional land use legislation:
5022          (a) designation of wilderness within the National Wilderness Preservation System;
5023          (b) designation of a national conservation area;

5024          (c) designation of a watercourse within the National Wild and Scenic River System;
5025          (d) designation of an ACEC;
5026          (e) designation of a national monument in accordance with the Antiquities Act or by
5027     Congress;
5028          (f) designation of a national park within the National Park System;
5029          (g) designation of a national recreational area; or
5030          (h) any other designation, classification, categorization, reservation, withdrawal, or
5031     similar action that has the purpose or effect of eliminating, restricting, or reducing energy and
5032     mineral development, motorized travel, grazing, active vegetation management, or any other
5033     traditional multiple use on public land.
5034          (6) "FLPMA" means the Federal Land Policy and Management Act of 1976, 43 U.S.C.
5035     Sec. 1701 et seq.
5036          (7) "Forest Service" means the United States Forest Service within the United States
5037     Department of Agriculture.
5038          (8) "Green River Energy Zone" means the lands described as follows in Subsections
5039     (8)(a) and (b), as more fully illustrated in the maps prepared by the Carbon County and Emery
5040     County GIS Departments in February 2013, each entitled "2013 Green River Energy Zone":
5041          (a) BLM and Forest Service lands in Carbon County that are situated in the following
5042     townships: Township 12S Range 6E, Township 12S Range 7E, Township 12S Range 8E,
5043     Township 12S Range 9E, Township 12S Range 10E, Township 12S Range 11E, Township 12S
5044     Range 12E, Township 12S Range 13E, Township 12S Range 14E, Township 12S Range 15E,
5045     Township 12S Range 16E, Township 12S Range 17E, Township 12S Range 18E, Township
5046     13S Range 6E, Township 13S Range 8E, Township 13S Range 9E, Township 13S Range 10E,
5047     Township 13S Range 11E, Township 13S Range 12E, Township 13S Range 13E, Township
5048     13S Range 14E, Township 13S Range 15E, Township 13S Range 16E, Township 13S Range
5049     17E, Township 14S Range 6E, Township 14S Range 8E, Township 14S Range 9E, Township
5050     14S Range 11E, Township 14S Range 12E, Township 14S Range 13E, Township 14S Range

5051     14E, Township 14S Range 15E, Township 14S Range 16E, Township 14S Range 17E,
5052     Township 15S Range 7E, Township 15S Range 8E, Township 15S Range 9E, Township 15S
5053     Range 10E, Township 15S Range 11E, Township 15S Range 12E, Township 15S Range 13E,
5054     Township 15S Range 14E, Township 15S Range 15E, and Township 15S Range 16E; and
5055          (b) BLM and Forest Service lands in Emery County, excluding any areas that are or
5056     may be designated as wilderness, national conservation areas, or wild or scenic rivers, that are
5057     situated in the following townships and represented in the Emery County Public Land
5058     Management Act DRAFT Map prepared by Emery County and available at
5059     emerycounty.com/publiclands/LANDS-USE-15.pdf: Township 13S Range 6E, Township 14S
5060     Range 6E, Township 14S Range 7E, Township 15S Range 6E, Township 15S Range 7E,
5061     Township 16S Range 6E, Township 16S Range 7E, Township 16S Range 8E, Township 16S
5062     Range 9E, Township 16S Range 10E, Township 16S Range 11E, Township 16S Range 12E,
5063     Township 16S Range 13E, Township 16S Range 14E, Township 16S Range 15E, Township
5064     17S Range 6E, Township 17S Range 7E, Township 17S Range 8E, Township 17S Range 9E,
5065     Township 17S Range 10E, Township 17S Range 11E, Township 17S Range 12E, Township
5066     17S Range 13E, Township 17S Range 14E, Township 17S Range 15E, Township 18S Range
5067     6E, Township 18S Range 7E, Township 18S Range 8E, Township 18S Range 9E, Township
5068     18S Range 10E, Township 18S Range 11E, Township 18S Range 12E, Township 18S Range
5069     13E, Township 18S Range 14E, Township 18S Range 15E, Township 19S Range 6E,
5070     Township 19S Range 7E, Township 19S Range 8E, Township 19S Range 9E, Township 19S
5071     Range 10E, Township 19S Range 11E, Township 19S Range 12E, Township 19S Range 13E,
5072     Township 19S Range 14E, Township 19S Range 15E, Township 20S Range 6E, Township 20S
5073     Range 7E, Township 20S Range 8E, Township 20S Range 9E, Township 20S Range 10E,
5074     Township 20S Range 11E, Township 20S Range 12E, Township 20S Range 13E, Township
5075     20S Range 14E, Township 20S Range 15E, Township 20S Range 16E, Township 21S Range
5076     6E, Township 21S Range 7E, Township 21S Range 8E, Township 21S Range 9E, Township
5077     21S Range 14E, Township 21S Range 15E, Township 21S Range 16E, Township 22S Range

5078     6E, Township 22S Range 7E, Township 22S Range 8E, Township 22S Range 9E, Township
5079     22S Range 14E, Township 22S Range 15E, Township 22S Range 16E, Township 23S Range
5080     6E, Township 23S Range 7E, Township 23S Range 8E, Township 23S Range 9E, Township
5081     23S Range 13E, Township 23S Range 14E, Township 23S Range 15E, Township 23S Range
5082     16E, Township 24S Range 6E, Township 24S Range 7E, Township 24S Range 8E, Township
5083     24S Range 12E, Township 24S Range 13E, Township 24S Range 14E, Township 24S Range
5084     15E, Township 24S Range 16E, Township 24S Range 17E, Township 25S Range 6E,
5085     Township 25S Range 7E, Township 25S Range 8E, Township 25S Range 11E, Township 25S
5086     Range 12E, Township 25S Range 13E, Township 25S Range 14E, Township 25S Range 15E,
5087     Township 25S Range 16E, Township 25S Range 17E, Township 26S Range 6E, Township 26S
5088     Range 7E, Township 26S Range 8E, Township 26S Range 9E, Township 26S Range 10E,
5089     Township 26S Range 11E, Township 26S Range 12E, Township 26S Range 13E, Township
5090     26S Range 14E, Township 26S Range 15E, Township 26S Range 16E, and Township 26S
5091     Range 17E.
5092          (9) "Multiple use" means proper stewardship of the subject lands pursuant to Section
5093     103(c) of FLPMA, 43 U.S.C. Sec. 1702(c).
5094          (10) "National conservation area" means an area designated by Congress and managed
5095     by the BLM.
5096          (11) "National wild and scenic river" means a watercourse:
5097          (a) identified in a BLM or Forest Service planning process; or
5098          (b) designated as part of the National Wild and Scenic River System.
5099          (12) "National Wild and Scenic River System" means the National Wild and Scenic
5100     River System established in 16 U.S.C. Sec. 1271 et seq.
5101          (13) "Office" means the Public Lands Policy Coordinating Office created in Section
5102     [63J-4-602] 63L-11-201.
5103          (14) "OHV" means off-highway vehicle as defined in Section 41-22-2.
5104          (15) "Proposed congressional land use legislation" means a draft or a working

5105     document of congressional legislation prepared by a person that includes a federal land use
5106     designation.
5107          (16) "RARE II" means the second United States Forest Service Roadless Area Review
5108     and Evaluation report of 1984.
5109          (17) "R.S. 2477 right-of-way" means a right-of-way established in accordance with 43
5110     U.S.C. Sec. 932 repealed by FLPMA 1976.
5111          (18) "San Juan County Energy Zone" means BLM and Forest Service lands situated in
5112     the following townships in San Juan County, as more fully illustrated in the map prepared by
5113     the San Juan County GIS department in December 2014 entitled "San Juan County Energy
5114     Zone": Township 26S Range 21E, Township 26S Range 22E, Township 26S Range 23E,
5115     Township 26S Range 24E, Township 26S Range 25E, Township 26S Range 26E, Township
5116     27S Range 21E, Township 27S Range 22E, Township 27S Range 23E, Township 27S Range
5117     24E, Township 27S Range 25E, Township 27S Range 26E, Township 28S Range 21E,
5118     Township 28S Range 22E, Township 28S Range 23E, Township 28S Range 24E, Township
5119     28S Range 25E, Township 28S Range 26E, Township 29S Range 21E, Township 29S Range
5120     22E, Township 29S Range 23E, Township 29S Range 24E, Township 29S Range 25E,
5121     Township 29S Range 26E, Township 30S Range 21E, Township 30S Range 22E, Township
5122     30S Range 23E, Township 30S Range 24E, Township 30S Range 25E, Township 30S Range
5123     26E, Township 31S Range 22E, Township 31S Range 23E, Township 31S Range 24E,
5124     Township 31S Range 25E, Township 31S Range 26E, Township 32S Range 20E, Township
5125     32S Range 21E, Township 32S Range 22E, Township 32S Range 23E, Township 32S Range
5126     24E, Township 32S Range 25E, Township 32S Range 26E, Township 33S Range 19E,
5127     Township 33S Range 20E, Township 33S Range 21E, Township 33S Range 22E, Township
5128     33S Range 23E, Township 33S Range 24E, Township 33S Range 25E, Township 33S Range
5129     26E, Township 34S Range 19E, Township 34S Range 20E, Township 34S Range 21E,
5130     Township 34S Range 22E, Township 34S Range 23E, Township 34S Range 24E, Township
5131     34S Range 25E, Township 34S Range 26E, Township 35S Range 14E, Township 35S Range

5132     15E, Township 35S Range 16E, Township 35S Range 17E, Township 35S Range 18E,
5133     Township 35S Range 19E, Township 35S Range 20E, Township 35S Range 21E, Township
5134     35S Range 22E, Township 35S Range 23E, Township 35S Range 24E, Township 35S Range
5135     25E, Township 35S Range 26E, Township 36S Range 14E, Township 36S Range 15E,
5136     Township 36S Range 16E, Township 36S Range 17E, Township 36S Range 18E, Township
5137     36S Range 19E, Township 36S Range 21E, Township 36S Range 22E, Township 36S Range
5138     23E, Township 36S Range 24E, Township 36S Range 25E, Township 36S Range 26E,
5139     Township 37S Range 14E, Township 37S Range 15E, Township 37S Range 16E, Township
5140     37S Range 17E, Township 37S Range 21E, Township 37S Range 22E, Township 37S Range
5141     23E, Township 37S Range 24E, Township 37S Range 25E, Township 37S Range 26E,
5142     Township 38S Range 12E, Township 38S Range 21E, Township 38S Range 22E, Township
5143     38S Range 23E, Township 38S Range 24E, Township 38S Range 25E, Township 38S Range
5144     26E, Township 39S Range 12E, Township 39S Range 13E, Township 39S Range 15E,
5145     Township 39S Range 21E, Township 39S Range 22E, Township 39S Range 23E, Township
5146     39S Range 24E, Township 39S Range 25E, Township 39S Range 26E, Township 40S Range
5147     14E, Township 40S Range 15E, Township 40S Range 16E, Township 40S Range 19E,
5148     Township 40S Range 20E, Township 40S Range 21E, Township 40S Range 22E, Township
5149     40S Range 23E, Township 40S Range 24E, Township 40S Range 25E, Township 40S Range
5150     26E, Township 41S Range 16E, Township 41S Range 17E, Township 41S Range 18E,
5151     Township 41S Range 19E, Township 41S Range 20E, Township 41S Range 21E, Township
5152     41S Range 22E, Township 41S Range 23E, Township 41S Range 24E, Township 41S Range
5153     25E, Township 41S Range 26E, Township 42S Range 14E, Township 42S Range 15E,
5154     Township 42S Range 16E, Township 42S Range 17E, Township 42S Range 18E, Township
5155     42S Range 19E, Township 42S Range 20E, Township 42S Range 21E, Township 42S Range
5156     22E, Township 42S Range 23E, Township 42S Range 24E, Township 42S Range 25E,
5157     Township 42S Range 26E, Township 43S Range 14E, Township 43S Range 15E, Township
5158     43S Range 16E, Township 43S Range 17E, Township 43S Range 18E, Township 43S Range

5159     19E, Township 43S Range 20E, Township 43S Range 21E, Township 43S Range 22E,
5160     Township 43S Range 23E, Township 43S Range 24E, Township 43S Range 25E, and
5161     Township 43S Range 26E.
5162          (19) "Settlement Agreement" means the written agreement between the state and the
5163     Department of the Interior in 2003 (revised in 2005) that resolved the case of State of Utah v.
5164     Gale Norton, Secretary of Interior (United States District Court, D. Utah, Case No.
5165     2:96cv0870).
5166          (20) "SITLA" means the School and Institutional Trust Lands Administration as
5167     created in Section 53C-1-201.
5168          (21) (a) "Subject lands" means the following non-WSA BLM lands:
5169          (i) in Beaver County:
5170          (A) Mountain Home Range South, Jackson Wash, The Toad, North Wah Wah
5171     Mountains, Central Wah Wah Mountains, and San Francisco Mountains according to the
5172     region map entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal
5173     for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5174     existed on February 17, 2011; and
5175          (B) White Rock Range, South Wah Wah Mountains, and Granite Peak according to the
5176     region map entitled "Great Basin South" linked in the webpage entitled "Citizen's Proposal for
5177     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5178     existed on February 17, 2011;
5179          (ii) in Box Elder County: Little Goose Creek, Grouse Creek Mountains North, Grouse
5180     Creek Mountains South, Bald Eagle Mountain, Central Pilot Range, Pilot Peak, Crater Island
5181     West, Crater Island East, Newfoundland Mountains, and Grassy Mountains North according to
5182     the region map entitled "Great Basin North" linked in the webpage entitled "Citizen's Proposal
5183     for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5184     existed on February 17, 2011;
5185          (iii) in Carbon County: Desbrough Canyon and Turtle Canyon according to the region

5186     map entitled "Book Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in
5187     Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5188     February 17, 2011;
5189          (iv) in Daggett County: Goslin Mountain, Home Mountain, Red Creek Badlands,
5190     O-wi-yu-kuts, Lower Flaming Gorge, Crouse Canyon, and Diamond Breaks according to the
5191     region map entitled "Dinosaur" linked in the webpage entitled "Citizen's Proposal for
5192     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5193     existed on February 17, 2011;
5194          (v) in Duchesne County: Desbrough Canyon according to the region map entitled
5195     "Book Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5196     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5197     2011;
5198          (vi) in Emery County:
5199          (A) San Rafael River and Sweetwater Reef, according to the region map entitled
5200     "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal for Wilderness in
5201     Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5202     February 17, 2011;
5203          (B) Flat Tops according to the region map entitled "Glen Canyon," which is available
5204     by clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's Proposal for
5205     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5206     existed on February 17, 2011; and
5207          (C) Price River, Lost Spring Wash, Eagle Canyon, Upper Muddy Creek, Molen Reef,
5208     Rock Canyon, Mussentuchit Badland, and Muddy Creek, according to the region map entitled
5209     "San Rafael Swell" linked at the webpage entitled "Citizen's Proposal for Wilderness in Utah"
5210     at http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5211     2011;
5212          (vii) in Garfield County:

5213          (A) Pole Canyon, according to the region map entitled "Great Basin South" linked in
5214     the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5215     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5216     2011;
5217          (B) Dirty Devil, Fiddler Butte, Little Rockies, Cane Spring Desert, and Cane Spring
5218     Desert Adjacents, according to the region map entitled "Glen Canyon," which is available by
5219     clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's Proposal for
5220     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5221     existed on February 17, 2011;
5222          (C) Lampstand, Wide Hollow, Steep Creek, Brinkerhof Flats, Little Valley Canyon,
5223     Death Hollow, Studhorse Peaks, Box Canyon, Heaps Canyon, North Escalante Canyon, Colt
5224     Mesa, East of Bryce, Slopes of Canaan Peak, Horse Spring Canyon, Muley Twist Flank,
5225     Pioneer Mesa, Slopes of Bryce, Blue Hills, Mud Springs Canyon, Carcass Canyon, Willis
5226     Creek North, Kodachrome Basin, and Kodachrome Headlands, according to the region map
5227     entitled "Grand Staircase Escalante" linked at the webpage entitled "Citizen's Proposal for
5228     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5229     existed on February 17, 2011; and
5230          (D) Notom Bench, Mount Ellen, Bull Mountain, Dogwater Creek, Ragged Mountain,
5231     Mount Pennell, Mount Hillers, Bullfrog Creek, and Long Canyon, according to the region map
5232     entitled "Henry Mountains" linked at the webpage entitled "Citizen's Proposal for Wilderness
5233     in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5234     February 17, 2011;
5235          (viii) in Iron County: Needle Mountains, Steamboat Mountain, Broken Ridge, Paradise
5236     Mountains, Crook Canyon, Hamlin, North Peaks, Mount Escalante, and Antelope Ridge,
5237     according to the region map entitled "Great Basin South" linked in the webpage entitled
5238     "Citizen's Proposal for Wilderness in Utah" at
5239     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,

5240     2011;
5241          (ix) in Juab County: Deep Creek Mountains, Essex Canyon, Kern Mountains, Wild
5242     Horse Pass, Disappointment Hills, Granite Mountain, Middle Mountains, Tule Valley, Fish
5243     Springs Ridge, Thomas Range, Drum Mountains, Dugway Mountains, Keg Mountains West,
5244     Keg Mountains East, Lion Peak, and Rockwell Little Sahara, according to the region map
5245     entitled "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for
5246     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5247     existed on February 17, 2011;
5248          (x) in Kane County:
5249          (A) Willis Creek North, Willis Creek, Kodachrome Badlands, Mud Springs Canyon,
5250     Carcass Canyon, Scorpion, Bryce Boot, Paria-Hackberry Canyons, Fiftymile Canyon,
5251     Hurricane Wash, Upper Kanab Creek, Timber Mountain, Nephi Point, Paradise Canyon,
5252     Wahweap Burning Hills, Fiftymile Bench, Forty Mile Gulch, Sooner Bench 1, 2, & 3, Rock
5253     Cove, Warm Bench, Andalex Not, Vermillion Cliffs, Ladder Canyon, The Cockscomb, Nipple
5254     Bench, Moquith Mountain, Bunting Point, Glass Eye Canyon, and Pine Hollow, according to
5255     the region map entitled "Grand Staircase Escalante" linked at the webpage entitled "Citizen's
5256     Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
5257     webpage existed on February 17, 2011; and
5258          (B) Orderville Canyon, Jolley Gulch, and Parunuweap Canyon, according to the region
5259     map entitled "Zion/Mohave" linked at the webpage entitled "Citizen's Proposal for Wilderness
5260     in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5261     February 17, 2011;
5262          (xi) in Millard County: Kern Mountains, Wild Horse Pass, Disappointment Hills,
5263     Granite Mountain, Middle Mountains, Tule Valley, Swasey Mountain, Little Drum Mountains
5264     North, Little Drum Mountains South, Drum Mountains, Snake Valley, Coyote Knoll, Howell
5265     Peak, Tule Valley South, Ledger Canyon, Chalk Knolls, Orr Ridge, Notch View, Bullgrass
5266     Knoll, Notch Peak, Barn Hills, Cricket Mountains, Burbank Pass, Middle Burbank Hills, King

5267     Top, Barn Hills, Red Tops, Middle Burbank Hills, Juniper, Painted Rock Mountain, Black
5268     Hills, Tunnel Springs, Red Canyon, Sand Ridge, Little Sage Valley, Cat Canyon, Headlight
5269     Mountain, Black Hills, Mountain Range Home North, Tweedy Wash, North Wah Wah
5270     Mountains, Jackson Wash, and San Francisco Mountains, according to the region map entitled
5271     "Great Basin Central" linked in the webpage entitled "Citizen's Proposal for Wilderness in
5272     Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5273     February 17, 2011;
5274          (xii) in Piute County: Kingston Ridge, Rocky Ford, and Phonolite Hill, according to
5275     the region map entitled "Great Basin South" linked in the webpage entitled "Citizen's Proposal
5276     for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5277     existed on February 17, 2011;
5278          (xiii) in San Juan County:
5279          (A) Horseshoe Point, Deadhorse Cliffs, Gooseneck, Demon's Playground, Hatch
5280     Canyon, Lockhart Basin, Indian Creek, Hart's Point, Butler Wash, Bridger Jack Mesa, and Shay
5281     Mountain, according to the region map entitled "Canyonlands Basin" linked in the webpage
5282     entitled "Citizen's Proposal for Wilderness in Utah" at
5283     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5284     2011;
5285          (B) Dark Canyon, Copper Point, Fortknocker Canyon, White Canyon, The Needle, Red
5286     Rock Plateau, Upper Red Canyon, and Tuwa Canyon, according to the region map entitled
5287     "Glen Canyon," which is available by clicking the link entitled "Dirty Devil" at the webpage
5288     entitled "Citizen's Proposal for Wilderness in Utah" at
5289     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5290     2011;
5291          (C) Hunters Canyon, Behind the Rocks, Mill Creek, and Coyote Wash, according to
5292     the region map entitled "Moab/La Sal" linked at the webpage entitled "Citizen's Proposal for
5293     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage

5294     existed on February 17, 2011; and
5295          (D) Hammond Canyon, Allen Canyon, Mancos Jim Butte, Arch Canyon, Monument
5296     Canyon, Tin Cup Mesa, Cross Canyon, Nokai Dome, Grand Gulch, Fish and Owl Creek
5297     Canyons, Comb Ridge, Road Canyon, The Tabernacle, Lime Creek, San Juan River, and
5298     Valley of the Gods, according to the region map entitled "San Juan" linked at the webpage
5299     entitled "Citizen's Proposal for Wilderness in Utah" at
5300     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5301     2011;
5302          (xiv) in Sevier County: Rock Canyon, Mussentuchit Badland, Limestone Cliffs, and
5303     Jones' Bench, according to the region map entitled "San Rafael Swell" linked at the webpage
5304     entitled "Citizen's Proposal for Wilderness in Utah" at
5305     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5306     2011;
5307          (xv) in Tooele County:
5308          (A) Silver Island Mountains, Crater Island East, Grassy Mountains North, Grassy
5309     Mountains South, Stansbury Island, Cedar Mountains North, Cedar Mountains Central, Cedar
5310     Mountains South, North Stansbury Mountains, Oquirrh Mountains, and Big Hollow, according
5311     to the region map entitled "Great Basin North" linked in the webpage entitled "Citizen's
5312     Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
5313     webpage existed on February 17, 2011, excluding the areas that Congress designated as
5314     wilderness under the National Defense Authorization Act for Fiscal Year 2006; and
5315          (B) Ochre Mountain, Deep Creek Mountains, Dugway Mountains, Indian Peaks, and
5316     Lion Peak, according to the region map entitled "Great Basin Central" linked in the webpage
5317     entitled "Citizen's Proposal for Wilderness in Utah" at
5318     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5319     2011;
5320          (xvi) in Uintah County:

5321          (A) White River, Lower Bitter Creek, Sunday School Canyon, Dragon Canyon, Wolf
5322     Point, Winter Ridge, Seep Canyon, Bitter Creek, Hideout Canyon, Sweetwater Canyon, and
5323     Hell's Hole, according to the region map entitled "Book Cliffs" linked in the webpage entitled
5324     "Citizen's Proposal for Wilderness in Utah" at
5325     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5326     2011; and
5327          (B) Lower Flaming Gorge, Crouse Canyon Stone Bridge Draw, Diamond Mountain,
5328     Wild Mountain, Split Mountain Benches, Vivas Cake Hill, Split Mountain Benches South,
5329     Beach Draw, Stuntz Draw, Moonshine Draw, Bourdette Draw, and Bull Canyon, according to
5330     the region map entitled "Dinosaur" linked in the webpage entitled "Citizen's Proposal for
5331     Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5332     existed on February 17, 2011;
5333          (xvii) in Washington County: Couger Canyon, Docs Pass, Slaughter Creek, Butcher
5334     Knife Canyon, Square Top, Scarecrow Creek, Beaver Dam Wash, Beaver Dam Mountains
5335     North, Beaver Dam Mountains South, Joshua Tree, Beaver Dam Wilderness Expansion, Red
5336     Mountain, Cottonwood Canyon, Taylor Canyon, LaVerkin Creek, Beartrap Canyon, Deep
5337     Creek, Black Ridge, Red Butte, Kolob Creek, Goose Creek, Dry Creek, Zion National Park
5338     Adjacents, Crater Hill, The Watchman, and Canaan Mountain, according to the region map
5339     entitled "Zion/Mohave" linked at the webpage entitled "Citizen's Proposal for Wilderness in
5340     Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage existed on
5341     February 17, 2011, excluding the areas that Congress designated as wilderness and
5342     conservation areas under the Omnibus Public Lands Management Act of 2009; and
5343          (xviii) in Wayne County:
5344          (A) Sweetwater Reef, Upper Horseshoe Canyon, and Labyrinth Canyon, according to
5345     the region map entitled "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal
5346     for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the webpage
5347     existed on February 17, 2011;

5348          (B) Flat Tops and Dirty Devil, according to the region map entitled "Glen Canyon,"
5349     which is available by clicking the link entitled "Dirty Devil" at the webpage entitled "Citizen's
5350     Proposal for Wilderness in Utah" at http://www.protectwildutah.org/proposal/index.html as the
5351     webpage existed on February 17, 2011;
5352          (C) Fremont Gorge, Pleasant Creek Bench, Notom Bench, Mount Ellen, and Bull
5353     Mountain, according to the region map entitled "Henry Mountains" linked at the webpage
5354     entitled "Citizen's Proposal for Wilderness in Utah" at
5355     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5356     2011; and
5357          (D) Capital Reef Adjacents, Muddy Creek, Wild Horse Mesa, North Blue Flats, Red
5358     Desert, and Factory Butte, according to the region map entitled "San Rafael Swell" linked at
5359     the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5360     http://www.protectwildutah.org/proposal/index.html as the webpage existed on February 17,
5361     2011.
5362          (b) "Subject lands" also includes all BLM and Forest Service lands in the state that are
5363     not Wilderness Area or Wilderness Study Areas;
5364          (c) "Subject lands" does not include the following lands that are the subject of
5365     consideration for a possible federal lands bill and should be managed according to the 2008
5366     Price BLM Field Office Resource Management Plan until a federal lands bill provides
5367     otherwise:
5368          (i) Turtle Canyon and Desolation Canyon according to the region map entitled "Book
5369     Cliffs" linked in the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5370     http://protectwildutah.org/proposal/index.html as the webpage existed on February 17, 2011;
5371          (ii) Labyrinth Canyon, Duma Point, and Horseshoe Point, according to the region map
5372     entitled "Canyonlands Basin" linked in the webpage entitled "Citizen's Proposal for Wilderness
5373     in Utah" at http://protectwildutah.org/proposal/index.html as the webpage existed on February
5374     17, 2011; and

5375          (iii) Devil's Canyon, Sid's Mountain, Mexican Mountain, San Rafael Reef, Hondu
5376     Country, Cedar Mountain, and Wild Horse, according to the region map entitled "San Rafael
5377     Swell" linked at the webpage entitled "Citizen's Proposal for Wilderness in Utah" at
5378     http://protectwildutah.org/proposal/index.html as the webpage existed on February 17, 2011.
5379          (22) "Uintah Basin Energy Zone" means BLM and Forest Service lands situated in the
5380     following townships in Daggett, Duchesne, and Uintah counties, as more fully illustrated in the
5381     map prepared by the Uintah County GIS Department in February 2012 entitled "Uintah Basin
5382     Utah Energy Zone":
5383          (a) in Daggett County, Township 3N Range 17 E, Township 3N Range 18E, Township
5384     3N Range 19E, Township 3N Range 20E, Township 3N Range 22E, Township 3N Range 23E,
5385     Township 3N Range 24E, Township 3N Range 25E, Township 2N Range 17E, Township 2N
5386     Range 18E, Township 2N Range 19E, Township 2N Range 20E, Township 2N Range 21E, and
5387     Township 2S Range 25E;
5388          (b) in Duchesne County, Township 3N Range 4W, Township 3N Range 3W, Township
5389     3N Range 2W, Township 3N Range 1W, Township 2N Range 6W, Township 2N Range 5W,
5390     Township 2N Range 4W, Township 2N Range 3W, Township 2N Range 1W, Township 1N
5391     Range 9W, Township 1N Range 8W, Township 1N Range 7W, Township 1N Range 6W,
5392     Township 1S Range 9W, Township 1S Range 8W, Township 4S Range 9W, Township 4S
5393     Range 3W, Township 4S Range 2W, Township 4S Range 1W, Township 8S Range 15E,
5394     Township 8S Range 16E, Township 8S Range 17E, Township 5S Range 9W, Township 5S
5395     Range 3W, Township 9S Range 15E, Township 9S Range 16E, Township 9S Range 17E,
5396     Township 6S Range 9W, Township 6S Range 8W, Township 6S Range 7W, Township 6S
5397     Range 6W, Township 6S Range 5W, Township 6S Range 3W, Township 10S Range 15E,
5398     Township 10S Range 16E, Township 10S Range 17E, Township 7S Range 9W, Township 7S
5399     Range 8W, Township 7S Range 7W, Township 7S Range 6W, Township 7S Range 5W,
5400     Township 7S Range 4W, Township 10S Range 11E, Township 10S Range 12E, Township 10S
5401     Range 13E, Township 10S Range 14E, Township 10S Range 15E, Township 10S Range 16E,

5402     Township 10S Range 17E, Township 11S Range 10E, Township 11S Range 11E, Township
5403     11S Range 12E, Township 11S Range 13E, Township 11S Range 14E, Township 11S Range
5404     15E, Township 11S Range 16E, and Township 11S Range 17E; and
5405          (c) in Uintah County: Township 2S Range 18E, Township 2S Range 19E, Township
5406     2S Range 20E, Township 2S Range 21E, Township 2S Range 22E, Township 2S Range 23E,
5407     Township 2S Range 24E, Township 2N Range 1W, Township 2N Range 1E, Township 2N
5408     Range 2E, Township 3S Range 18E, Township 3S Range 19E, Township 3S Range 20E,
5409     Township 3S Range 21E, Township 3S Range 22E, Township 3S Range 23E, Township 3S
5410     Range 24E, Township 4S Range 19E, Township 4S Range 20E, Township 4S Range 21E,
5411     Township 4S Range 22E, Township 4S Range 23E, Township 4S Range 24E, Township 4S
5412     Range 25E, Township 5S Range 19E, Township 5S Range 20E, Township 5S Range 21E,
5413     Township 5S Range 22E, Township 5S Range 23E, Township 5S Range 24E, Township 5S
5414     Range 25E, Township 6S Range 19E, Township 6S Range 20E, Township 6S Range 21E,
5415     Township 6S Range 22E, Township 6S Range 23E, Township 6S Range 24E, Township 6S
5416     Range 25E, Township 7S Range 19E, Township 7S Range 20E, Township 7S Range 21E,
5417     Township 7S Range 22E, Township 7S Range 23E, Township 7S Range 24E, Township 7S
5418     Range 25E, Township 8S Range 17E, Township 8S Range 18E, Township 8S Range 19E,
5419     Township 8S Range 20E, Township 8S Range 21E, Township 8S Range 22E, Township 8S
5420     Range 23E, Township 8S Range 24E, Township 8S Range 25E, Township 9S Range 17E,
5421     Township 9S Range 18E, Township 9S Range 19E, Township 9S Range 20E, Township 9S
5422     Range 21E, Township 9S Range 22E, Township 9S Range 23E, Township 9S Range 24E,
5423     Township 9S Range 25E, Township 10S Range 17E, Township 10S Range 18E, Township 10S
5424     Range 19E, Township 10S Range 20E, Township 10S Range 21E, Township 10S Range 22E,
5425     Township 10S Range 23E, Township 10S Range 24E, Township 10S Range 25E, Township
5426     11S Range 17E, Township 11S Range 18E, Township 11S Range 19E, Township 11S Range
5427     20E, Township 11S Range 21E, Township 11S Range 22E, Township 11S Range 23E,
5428     Township 11S Range 24E, Township 11S Range 25E, Township 12S Range 20E, Township

5429     12S Range 21E, Township 12S Range 22E, Township 12S Range 23E, Township 12S Range
5430     24E, Township 12S Range 25E, Township 13S Range 20E, Township 13S Range 21E,
5431     Township 13S Range 22E, Township 13S Range 23E, Township 13S Range 24E, Township
5432     13S Range 25E, Township 13S Range 26 E, Township 14S Range 21E, Township 14S Range
5433     22E, Township 14S Range 23E, Township 14S Range 24E, Township 14S Range 25E, and
5434     Township 14S Range 26E.
5435          (23) "Wilderness" means the same as that term is defined in 16 U.S.C. Sec. 1131.
5436          (24) "Wilderness area" means those BLM and Forest Service lands added to the
5437     National Wilderness Preservation System by an act of Congress.
5438          (25) "Wilderness Preservation System" means the Wilderness Preservation System
5439     established in 16 U.S.C. Sec. 1131 et seq.
5440          (26) "WSA" and "Wilderness Study Area" mean the BLM lands in Utah that were
5441     identified as having the necessary wilderness character and were classified as wilderness study
5442     areas during the BLM wilderness review conducted between 1976 and 1993 by authority of 43
5443     U.S.C. Sec. 1782 and labeled as Wilderness Study Areas within the final report of the President
5444     of the United States to the United States Congress in 1993.
5445          Section 75. Section 63J-8-104 is amended to read:
5446          63J-8-104. State land use planning and management program.
5447          (1) The BLM and Forest Service land use plans should produce planning documents
5448     consistent with state and local land use plans to the maximum extent consistent with federal
5449     law and FLPMA's purposes, by incorporating the state's land use planning and management
5450     program for the subject lands that is as follows:
5451          (a) preserve traditional multiple use and sustained yield management on the subject
5452     lands to:
5453          (i) achieve and maintain in perpetuity a high-level annual or regular periodic output of
5454     agricultural, mineral, and various other resources from the subject lands;
5455          (ii) support valid existing transportation, mineral, and grazing privileges in the subject

5456     lands at the highest reasonably sustainable levels;
5457          (iii) produce and maintain the desired vegetation for watersheds, timber, food, fiber,
5458     livestock forage, wildlife forage, and minerals that are necessary to meet present needs and
5459     future economic growth and community expansion in each county where the subject lands are
5460     situated without permanent impairment of the productivity of the land;
5461          (iv) meet the recreational needs and the personal and business-related transportation
5462     needs of the citizens of each county where the subject lands are situated by providing access
5463     throughout each such county;
5464          (v) meet the needs of wildlife, provided that the respective forage needs of wildlife and
5465     livestock are balanced according to the provisions of Subsection [63J-4-401(6)(m)]
5466     63L-11-302(13);
5467          (vi) protect against adverse effects to historic properties, as defined by 36 C.F.R. Sec.
5468     800;
5469          (vii) meet the needs of community economic growth and development;
5470          (viii) provide for the protection of existing water rights and the reasonable
5471     development of additional water rights; and
5472          (ix) provide for reasonable and responsible development of electrical transmission and
5473     energy pipeline infrastructure on the subject lands;
5474          (b) (i) do not designate, establish, manage, or treat any of the subject lands as an area
5475     with management prescriptions that parallel, duplicate, or resemble the management
5476     prescriptions established for wilderness areas or wilderness study areas, including the
5477     nonimpairment standard applicable to WSAs or anything that parallels, duplicates, or
5478     resembles that nonimpairment standard; and
5479          (ii) recognize, follow, and apply the agreement between the state and the Department
5480     of the Interior in the settlement agreement;
5481          (c) call upon the BLM to revoke and revise BLM Manuals H 6301, H 6302, and H
5482     6303, issued on or about February 25, 2011, in light of the settlement agreement and the

5483     following principles of this state plan:
5484          (i) BLM lacks congressional authority to manage subject lands, other than WSAs, as if
5485     they are or may become wilderness;
5486          (ii) BLM lacks authority to designate geographic areas as lands with wilderness
5487     characteristics or designate management prescriptions for such areas other than to use specific
5488     geographic-based tools and prescriptions expressly identified in FLPMA;
5489          (iii) BLM lacks authority to manage the subject lands in any manner other than to
5490     prevent unnecessary or undue degradation, unless the BLM uses geographic tools expressly
5491     identified in FLPMA and does so pursuant to a duly adopted provision of a resource
5492     management plan adopted under FLPMA, 43 U.S.C. Sec. 1712;
5493          (iv) BLM inventories for the presence of wilderness characteristics must be closely
5494     coordinated with inventories for those characteristics conducted by state and local
5495     governments, and should reflect a consensus among those governmental agencies about the
5496     existence of wilderness characteristics, as follows:
5497          (A) any inventory of wilderness characteristics should reflect all of the criteria
5498     identified in the Wilderness Act of 1964, including:
5499          (I) a size of 5,000 acres or more, containing no visible roads; and
5500          (II) the presence of naturalness, the opportunity for primitive and unconfined
5501     recreation, and the opportunity for solitude;
5502          (B) geographic areas found to contain the presence of naturalness must appear pristine
5503     to the average viewer, and not contain any of the implements, artifacts, or effects of human
5504     presence, including:
5505          (I) visible roads, whether maintained or not; and
5506          (II) human-made features such as vehicle bridges, fire breaks, fisheries, enhancement
5507     facilities, fire rings, historic mining and other properties, including tailings piles, commercial
5508     radio and communication repeater sites, fencing, spring developments, linear disturbances,
5509     stock ponds, visible drill pads, pipeline and transmission line rights-of-way, and other similar

5510     features;
5511          (C) factors, such as the following, though not necessarily conclusive, should weigh
5512     against a determination that a land area has the presence of naturalness:
5513          (I) the area is or once was the subject of mining and drilling activities;
5514          (II) mineral and hard rock mining leases exist in the area; and
5515          (III) the area is in a grazing district with active grazing allotments and visible range
5516     improvements;
5517          (D) geographic areas found to contain the presence of solitude should convey the sense
5518     of solitude within the entire geographic area identified, otherwise boundary adjustments should
5519     be performed in accordance with Subsection (1)(c)(iv)(F);
5520          (E) geographic areas found to contain the presence of an opportunity for primitive and
5521     unconfined recreation must find these features within the entire area and provide analysis about
5522     the effect of the number of visitors to the geographic area upon the presence of primitive or
5523     unconfined recreation, otherwise boundary adjustments should be performed in accordance
5524     with Subsection (1)(c)(iv)(F);
5525          (F) in addition to the actions required by the review for roads pursuant to the
5526     definitions of roads contained in BLM Manual H 6301, or any similar authority, the BLM
5527     should, pursuant to its authority to inventory, identify and list all roads or routes identified as
5528     part of a local or state governmental transportation system, and consider those routes or roads
5529     as qualifying as roads within the definition of the Wilderness Act of 1964; and
5530          (G) BLM should adjust the boundaries for a geographic area to exclude areas that do
5531     not meet the criteria of lacking roads, lacking solitude, and lacking primitive and unconfined
5532     recreation and the boundaries should be redrawn to reflect an area that clearly meets the criteria
5533     above, and which does not employ minor adjustments to simply exclude small areas with
5534     human intrusions, specifically:
5535          (I) the boundaries of a proposed geographic area containing lands with wilderness
5536     characteristics should not be drawn around roads, rights-of-way, and intrusions; and

5537          (II) lands located between individual human impacts that do not meet the requirements
5538     for lands with wilderness characteristics should be excluded;
5539          (v) BLM should consider the responses of the Department of the Interior under cover
5540     of the letter dated May 20, 2009, clearly stating that BLM does not have the authority to apply
5541     the nonimpairment management standard to the subject lands, or to manage the subject lands in
5542     any manner to preserve their suitability for designation as wilderness, when considering the
5543     proper management principles for areas that meet the full definition of lands with wilderness
5544     characteristics; and
5545          (vi) even if the BLM were to properly inventory an area for the presence of wilderness
5546     characteristics, the BLM still lacks authority to make or alter project level decisions to
5547     automatically avoid impairment of any wilderness characteristics without express
5548     congressional authority to do so;
5549          (d) achieve and maintain at the highest reasonably sustainable levels a continuing yield
5550     of energy, hard rock, and nuclear resources in those subject lands with economically
5551     recoverable amounts of such resources as follows:
5552          (i) the development of the solid, fluid, and gaseous mineral resources in portions of the
5553     subject lands is an important part of the state's economy and the economies of the respective
5554     counties, and should be recognized that it is technically feasible to access mineral and energy
5555     resources in portions of the subject lands while preserving or, as necessary, restoring
5556     nonmineral and nonenergy resources;
5557          (ii) all available, recoverable solid, fluid, gaseous, and nuclear mineral resources in the
5558     subject lands should be seriously considered for contribution or potential contribution to the
5559     state's economy and the economies of the respective counties;
5560          (iii) those portions of the subject lands shown to have reasonable mineral, energy, and
5561     nuclear potential should be open to leasing, drilling, and other access with reasonable
5562     stipulations and conditions, including mitigation, reclamation, and bonding measures where
5563     necessary, that will protect the lands against unnecessary and undue damage to other significant

5564     resource values;
5565          (iv) federal oil and gas existing lease conditions and restrictions should not be
5566     modified, waived, or removed unless the lease conditions or restrictions are no longer
5567     necessary or effective;
5568          (v) any prior existing lease restrictions in the subject lands that are no longer necessary
5569     or effective should be modified, waived, or removed;
5570          (vi) restrictions against surface occupancy should be eliminated, modified, or waived,
5571     where reasonable;
5572          (vii) in the case of surface occupancy restrictions that cannot be reasonably eliminated,
5573     modified, or waived, directional drilling should be considered where the mineral and energy
5574     resources beneath the area can be reached employing available directional drilling technology;
5575          (viii) applications for permission to drill in the subject lands that meet standard
5576     qualifications, including reasonable and effective mitigation and reclamation requirements,
5577     should be expeditiously processed and granted; and
5578          (ix) any moratorium that may exist against the issuance of qualified mining patents and
5579     oil and gas leases in the subject lands, and any barriers that may exist against developing
5580     unpatented mining claims and filing for new claims, should be carefully evaluated for removal;
5581          (e) achieve and maintain livestock grazing in the subject lands at the highest reasonably
5582     sustainable levels by adhering to the policies, goals, and management practices set forth in
5583     Subsection [63J-4-401(6)(m)] 63L-11-302(13);
5584          (f) manage the watershed in the subject lands to achieve and maintain water resources
5585     at the highest reasonably sustainable levels as follows:
5586          (i) adhere to the policies, goals, and management practices set forth in Subsection
5587     [63J-4-401(6)(m)] 63L-11-302(13);
5588          (ii) deter unauthorized cross-country OHV use in the subject lands by establishing a
5589     reasonable system of roads and trails in the subject lands for the use of an OHV, as closing the
5590     subject lands to all OHV use will only spur increased and unauthorized use; and

5591          (iii) keep open any road or trail in the subject lands that historically has been open to
5592     OHV use, as identified on respective county road maps;
5593          (g) achieve and maintain traditional access to outdoor recreational opportunities
5594     available in the subject lands as follows:
5595          (i) hunting, trapping, fishing, hiking, family and group parties, family and group
5596     campouts and campfires, rock hounding, OHV travel, geological exploring, pioneering,
5597     recreational vehicle parking, or just touring in personal vehicles are activities that are important
5598     to the traditions, customs, and character of the state and individual counties where the subject
5599     lands are located and should continue;
5600          (ii) wildlife hunting, trapping, and fishing should continue at levels determined by the
5601     Wildlife Board and the Division of Wildlife Resources and traditional levels of group camping,
5602     group day use, and other traditional forms of outdoor recreation, both motorized and
5603     nonmotorized, should continue; and
5604          (iii) the broad spectrum of outdoor recreational activities available on the subject lands
5605     should be available to citizens for whom a primitive, nonmotorized, outdoor experience is not
5606     preferred, affordable, or physically achievable;
5607          (h) (i) keep open to motorized travel, any road in the subject lands that is part of the
5608     respective counties' duly adopted transportation plan;
5609          (ii) provide that R.S. 2477 rights-of-way should be recognized by the BLM;
5610          (iii) provide that a county road may be temporarily closed or permanently abandoned
5611     only by statutorily authorized action of the county or state;
5612          (iv) provide that the BLM and the Forest Service must recognize and not unduly
5613     interfere with a county's ability to maintain and repair roads and, where reasonably necessary,
5614     make improvements to the roads; and
5615          (v) recognize that additional roads and trails may be needed in the subject lands from
5616     time to time to facilitate reasonable access to a broad range of resources and opportunities
5617     throughout the subject lands, including livestock operations and improvements, solid, fluid,

5618     and gaseous mineral operations, recreational opportunities and operations, search and rescue
5619     needs, other public safety needs, access to public lands for people with disabilities and the
5620     elderly, and access to Utah school and institutional trust lands for the accomplishment of the
5621     purposes of those lands;
5622          (i) manage the subject lands so as to protect prehistoric rock art, three dimensional
5623     structures, and other artifacts and sites recognized as culturally important and significant by the
5624     state historic preservation officer or each respective county by imposing reasonable and
5625     effective stipulations and conditions reached by agreement between the federal agency and the
5626     state authorized officer pursuant to the authority granted by the National Historic Preservation
5627     Act, 16 U.S.C. Sec. 470 et seq.;
5628          (j) manage the subject lands so as to not interfere with the property rights of private
5629     landowners as follows:
5630          (i) the state recognizes that there are parcels of private fee land throughout the subject
5631     lands;
5632          (ii) land management policies and standards in the subject lands should not interfere
5633     with the property rights of any private landowner to enjoy and engage in uses and activities on
5634     an individual's private property consistent with controlling county zoning and land use laws;
5635     and
5636          (iii) a private landowner or a guest or client of a private landowner should not be
5637     denied the right of motorized access to the private landowner's property consistent with past
5638     uses of the private property;
5639          (k) manage the subject lands in a manner that supports the fiduciary agreement made
5640     between the state and the federal government concerning the school and institutional trust
5641     lands, as managed according to state law, by:
5642          (i) formally recognizing, by duly authorized federal proclamation, the duty of the
5643     federal government to support the purposes of the school and institutional trust lands owned by
5644     the state and administered by SITLA in trust for the benefit of public schools and other

5645     institutions as mandated in the Utah Constitution and the Utah Enabling Act of 1894, 28 Stat.
5646     107;
5647          (ii) actively seeking to support SITLA's fiduciary responsibility to manage the school
5648     trust lands to optimize revenue by making the school trust lands available for sale and private
5649     development and for other multiple and consumptive use activities such as mineral
5650     development, grazing, recreation, timber, and agriculture;
5651          (iii) not interfering with SITLA's ability to carry out its fiduciary responsibilities by the
5652     creation of geographical areas burdened with management restrictions that prohibit or
5653     discourage the optimization of revenue, without just compensation;
5654          (iv) recognizing SITLA's right of economic access to the school trust lands to enable
5655     SITLA to put those sections to use in its fiduciary responsibilities;
5656          (v) recognizing any management plan enacted by SITLA pursuant to Section
5657     53C-2-201; and
5658          (vi) acting responsibly as the owner of land parcels with potential for exchange for
5659     state land parcels by:
5660          (A) moving forward with the process for identifying federal land parcels suitable and
5661     desirable for exchange for state land parcels;
5662          (B) removing barriers to the exchange of federal land parcels for state land parcels;
5663          (C) expediting the procedures and processes necessary to execute the exchange of
5664     federal land parcels for state land parcels; and
5665          (D) lobbying and supporting in good faith any congressional legislation to enact and
5666     finalize the exchange of federal land parcels for state land parcels;
5667          (l) oppose the designation of BLM lands as areas of critical environmental concern
5668     (ACEC), as the BLM lands are generally not compatible with the state's plan and policy for
5669     managing the subject lands, but special cases may exist where such a designation is appropriate
5670     if compliance with FLPMA, 43 U.S.C. Sec. 1702(a) is clearly demonstrated and where the
5671     proposed designation and protection:

5672          (i) is limited to the geographic size to the minimum necessary to meet the standards
5673     required by [Section 63J-4-401] Sections 63L-11-302 and 63L-11-303;
5674          (ii) is necessary to protect not just a temporary change in ground conditions or visual
5675     resources that can be reclaimed or reversed naturally, but is clearly shown as necessary to
5676     protect against visible damage on the ground that will persist on a time scale beyond that which
5677     would effectively disqualify the land for a later inventory of wilderness characteristics;
5678          (iii) will not be applied in a geographic area already protected by other protective
5679     designations available pursuant to law; and
5680          (iv) is not a substitute for the nonimpairment management requirements of wilderness
5681     study areas; and
5682          (m) recognize that a BLM visual resource management class I or II rating is generally
5683     not compatible with the state's plan and policy for managing the subject lands, but special cases
5684     may exist where such a rating is appropriate if jointly considered and created by state, local,
5685     and federal authorities as part of an economic development plan for a region of the state, with
5686     due regard for school trust lands and private lands within the area.
5687          (2) All BLM and Forest Service decision documents should be accompanied with an
5688     analysis of the social and economic impact of the decision. Such analysis should:
5689          (a) consider all facets of the decision in light of valuation techniques for the potential
5690     costs and benefits of the decision;
5691          (b) clarify whether the costs and benefits employ monetized or nonmonetized
5692     techniques;
5693          (c) compare the accuracy, completeness, and viability of monetized and nonmonetized
5694     valuation techniques used as part of the analysis, including all caveats on use of the techniques;
5695     and
5696          (d) compare the valuation techniques employed in the analysis to the federal standards
5697     for valuation employed by the U.S. Department of Justice in court actions.
5698          Section 76. Section 63J-8-105.2 is amended to read:

5699          63J-8-105.2. San Juan County Energy Zone established -- Finding --
5700     Management and land use priorities.
5701          (1) There is established the San Juan County Energy Zone in San Juan County for the
5702     purpose of maximizing efficient and responsible development of energy and mineral resources.
5703          (2) The land area and boundaries of the San Juan County Energy Zone are described in
5704     Subsection 63J-8-102(18) and illustrated on the map described in Section 63J-8-105.
5705          (3) The state finds that:
5706          (a) the lands comprising the San Juan County Energy Zone contain abundant
5707     world-class deposits of energy and mineral resources, including oil, natural gas, potash,
5708     uranium, vanadium, limestone, copper, sand, gravel, wind, and solar; and
5709          (b) the highest management priority is the responsible management, development, and
5710     extraction of existing energy and mineral resources in order to provide long-term domestic
5711     energy and supplies for the state and the United States.
5712          (4) The state supports:
5713          (a) efficient and responsible full development of all existing energy and mineral
5714     resources located within the San Juan County Energy Zone, including oil, natural gas, potash,
5715     uranium, vanadium, limestone, copper, sand, gravel, wind, and solar; and
5716          (b) a cooperative management approach by federal agencies, the state, and local
5717     governments to achieve broadly supported management plans for the full development of all
5718     energy and mineral resources within the San Juan County Energy Zone.
5719          (5) The state requests that the federal agencies that administer lands within the San
5720     Juan County Energy Zone:
5721          (a) fully cooperate and coordinate with the state and with San Juan County to develop,
5722     amend, and implement land and resource management plans and to implement management
5723     decisions that are consistent with the purposes, goals, and policies described in this section to
5724     the maximum extent allowed under federal law;
5725          (b) expedite the processing, granting, and streamlining of mineral and energy leases

5726     and applications to drill, extract, and otherwise develop all existing energy and mineral
5727     resources located within the San Juan County Energy Zone, including oil, natural gas, potash,
5728     uranium, vanadium, copper, sand, gravel, wind, and solar resources;
5729          (c) allow continued maintenance and increased development of roads, power lines,
5730     pipeline infrastructure, and other utilities necessary to achieve the goals, purposes, and policies
5731     described in this section;
5732          (d) refrain from any planning decisions and management actions that will undermine,
5733     restrict, or diminish the goals, purposes, and policies for the San Juan County Energy Zone as
5734     stated in this section; and
5735          (e) refrain from implementing a policy that is contrary to the goals and purposes within
5736     this section.
5737          (6) The state calls upon Congress to establish an intergovernmental standing
5738     commission, with membership consisting of representatives from the United States
5739     government, the state, and local governments, to guide and control planning and management
5740     actions in the San Juan County Energy Zone in order to achieve and maintain the goals,
5741     purposes, and policies described in this section.
5742          (7) Notwithstanding the provisions of this section, the state's grazing and livestock
5743     policies and plans on land within the San Juan County Energy Zone shall continue to be
5744     governed by Sections [63J-4-401] 63L-11-302, 63L-11-303, and 63J-8-104.
5745          Section 77. Section 63J-8-105.5 is amended to read:
5746          63J-8-105.5. Uintah Basin Energy Zone established -- Findings -- Management
5747     and land use priorities.
5748          (1) There is established the Uintah Basin Energy Zone in Daggett, Uintah, and
5749     Duchesne Counties for the purpose of maximizing efficient and responsible development of
5750     energy and mineral resources.
5751          (2) The land area and boundaries of the Uintah Basin Energy Zone are described in
5752     Subsection 63J-8-102(22) and illustrated on the map described in Section 63J-8-105.

5753          (3) The state finds that:
5754          (a) the lands comprising the Uintah Basin Energy Zone contain abundant, world-class
5755     deposits of energy and mineral resources, including oil, natural gas, oil shale, oil sands,
5756     gilsonite, coal, phosphate, gold, uranium, and copper, as well as areas with high wind and solar
5757     energy potential; and
5758          (b) the highest management priority for all lands within the Uintah Basin Energy Zone
5759     is responsible management and development of existing energy and mineral resources in order
5760     to provide long-term domestic energy and supplies for Utah and the United States.
5761          (4) The state supports:
5762          (a) efficient and responsible full development of all existing energy and mineral
5763     resources located within the Uintah Basin Energy Zone, including oil, oil shale, natural gas, oil
5764     sands, gilsonite, phosphate, gold, uranium, copper, solar, and wind resources; and
5765          (b) a cooperative management approach among federal agencies, state, and local
5766     governments to achieve broadly supported management plans for the full development of all
5767     energy and mineral resources within the Uintah Basin Energy Zone.
5768          (5) The state calls upon the federal agencies who administer lands within the Uintah
5769     Basin Energy Zone to:
5770          (a) fully cooperate and coordinate with the state and with Daggett, Uintah, and
5771     Duchesne Counties to develop, amend, and implement land and resource management plans
5772     and to implement management decisions that are consistent with the purposes, goals, and
5773     policies described in this section to the maximum extent allowed under federal law;
5774          (b) expedite the processing, granting, and streamlining of mineral and energy leases
5775     and applications to drill, extract, and otherwise develop all existing energy and mineral
5776     resources located within the Uintah Basin Energy Zone, including oil, natural gas, oil shale, oil
5777     sands, gilsonite, phosphate, gold, uranium, copper, solar, and wind resources;
5778          (c) allow continued maintenance and increased development of roads, power lines,
5779     pipeline infrastructure, and other utilities necessary to achieve the goals, purposes, and policies

5780     described in this section;
5781          (d) refrain from any planning decisions and management actions that will undermine,
5782     restrict, or diminish the goals, purposes, and policies for the Uintah Basin Energy Zone as
5783     stated in this section; and
5784          (e) refrain from implementing a policy that is contrary to the goals and purposes
5785     described within this section.
5786          (6) The state calls upon Congress to establish an intergovernmental standing
5787     commission among federal, state, and local governments to guide and control planning
5788     decisions and management actions in the Uintah Basin Energy Zone in order to achieve and
5789     maintain the goals, purposes, and policies described in this section.
5790          (7) Notwithstanding the provisions of this section, the state's grazing and livestock
5791     policies and plans on land within the Uintah Basin Energy Zone shall continue to be governed
5792     by Sections [63J-4-401] 63L-11-302, 63L-11-303, and 63J-8-104.
5793          Section 78. Section 63J-8-105.7 is amended to read:
5794          63J-8-105.7. Green River Energy Zone established -- Findings -- Management
5795     and land use priorities.
5796          (1) There is established the Green River Energy Zone in Carbon and Emery Counties
5797     for the purpose of maximizing efficient and responsible development of energy and mineral
5798     resources.
5799          (2) The land area and boundaries of the Green River Energy Zone are described in
5800     Subsection 63J-8-102(8) and illustrated on the maps described in Section 63J-8-105.
5801          (3) The state finds that:
5802          (a) the lands comprising the Green River Energy Zone contain abundant world-class
5803     deposits of energy and mineral resources, including oil, natural gas, oil shale, oil sands,
5804     gilsonite, coal, phosphate, gold, uranium, and copper, as well as areas with high wind and solar
5805     energy potential;
5806          (b) for lands within the Carbon County portion of the Green River Energy Zone, the

5807     highest management priority is the responsible management, development, and extraction of
5808     existing energy and mineral resources in order to provide long-term domestic energy and
5809     supplies for Utah and the United States; and
5810          (c) for lands within the Emery County portion of the Green River Energy Zone:
5811          (i) the responsible management and development of existing energy and mineral
5812     resources in order to provide long-term domestic energy and supplies for Utah and the United
5813     States is a high management priority; and
5814          (ii) the management priority described in Subsection (3)(c)(i) should be balanced with
5815     the following high management priorities:
5816          (A) watershed health;
5817          (B) water storage and water delivery systems;
5818          (C) Emery County Heritage Sites;
5819          (D) facilities and resources associated with the domestic livestock industry;
5820          (E) wildlife and wildlife habitat; and
5821          (F) recreation opportunities.
5822          (4) The state supports:
5823          (a) efficient and responsible full development of all existing energy and mineral
5824     resources located within the Green River Energy Zone, including oil, oil shale, natural gas, oil
5825     sands, gilsonite, coal, phosphate, gold, uranium, copper, solar, and wind resources; and
5826          (b) a cooperative management approach by federal agencies, the state of Utah, and
5827     local governments to achieve broadly supported management plans for the full development of
5828     all energy and mineral resources within the Green River Energy Zone.
5829          (5) The state requests that the federal agencies that administer lands within the Green
5830     River Energy Zone:
5831          (a) fully cooperate and coordinate with the state of Utah and with Carbon and Emery
5832     Counties to develop, amend, and implement land and resource management plans and to
5833     implement management decisions that are consistent with the purposes, goals, and policies

5834     described in this section to the maximum extent allowed under federal law;
5835          (b) expedite the processing, granting, and streamlining of mineral and energy leases
5836     and applications to drill, extract, and otherwise develop all existing energy and mineral
5837     resources located within the Green River Energy Zone, including oil, natural gas, oil shale, oil
5838     sands, gilsonite, coal, phosphate, gold, uranium, copper, solar, and wind resources;
5839          (c) allow continued maintenance and increased development of roads, power lines,
5840     pipeline infrastructure, and other utilities necessary to achieve the goals, purposes, and policies
5841     described in this section;
5842          (d) refrain from any planning decisions and management actions that will undermine,
5843     restrict, or diminish the goals, purposes, and policies for the Green River Energy Zone as stated
5844     in this section; and
5845          (e) refrain from implementing a policy that is contrary to the goals and purposes within
5846     this section.
5847          (6) The state calls upon Congress to establish an intergovernmental standing
5848     commission, with membership consisting of representatives from the United States
5849     government, the state of Utah, and local governments to guide and control planning and
5850     management actions in the Green River Energy Zone in order to achieve and maintain the
5851     goals, purposes, and policies described in this section.
5852          (7) Notwithstanding the provisions of this section, the state's grazing and livestock
5853     policies and plans on land within the Green River Energy Zone shall continue to be governed
5854     by Sections [63J-4-401] 63L-11-302, 63L-11-303, and 63J-8-104.
5855          Section 79. Section 63J-8-105.8 is amended to read:
5856          63J-8-105.8. Utah Grazing Agricultural Commodity Zones established --
5857     Findings -- Management and land use priorities.
5858          (1) There are established Utah Grazing Agricultural Commodity Zones in the counties
5859     of Beaver, Emery, Garfield, Kane, Piute, Iron, Sanpete, San Juan, Sevier, Washington, and
5860     Wayne for the purpose of:

5861          (a) preserving and protecting the agricultural livestock industry from ongoing threats;
5862          (b) preserving and protecting the history, culture, custom, and economic value of the
5863     agricultural livestock industry from ongoing threats; and
5864          (c) maximizing efficient and responsible restoration, reclamation, preservation,
5865     enhancement, and development of forage and watering resources for grazing and wildlife
5866     practices and affected natural, historical, and cultural activities.
5867          (2) The titles, land area, and boundaries of the zones are as follows:
5868          (a) "Escalante Region Grazing Zone," consisting of certain BLM, National Park
5869     Service, and Forest Service lands in the following townships in Garfield and Kane counties, as
5870     more fully illustrated in the map jointly prepared by the Garfield County and Kane County
5871     Geographic Information Systems departments entitled "Escalante Region Grazing Zone":
5872          (i) in Garfield County, Township 32S Range 6E, Township 32S Range 7E, Township
5873     33S Range 4E, Township 33S Range 5E, Township 33S Range 6E, Township 33S Range 7E,
5874     Township 33S Range 8E, Township 34S Range 2E, Township 34S Range 3E, Township 34S
5875     Range 4E, Township 34S Range 5E, Township 34S Range 6E, Township 34S Range 7E,
5876     Township 34S Range 8E, Township 35S Range 1E, Township 35S Range 2E, Township 35S
5877     Range 3E, Township 35S Range 4E, Township 35S Range 5E, Township 35S Range 6E,
5878     Township 35S Range 7E, Township 35S Range 8E, Township 36S Range 1W, Township 36S
5879     Range 2W, Township 36S Range 3W, Township 36S Range 1E, Township 36S Range 2E,
5880     Township 36S Range 3E, Township 36S Range 4E, Township 36S Range 5E, Township 36S
5881     Range 6E, Township 36S Range 7E, Township 36S Range 8E, Township 36S Range 9E,
5882     Township 37S Range 1W, Township 37S Range 2W, Township 37S Range 3W, Township 37S
5883     Range 4W, Township 37S Range 1E, Township 37S Range 2E, Township 37S Range 3E,
5884     Township 37S Range 4E, Township 37S Range 5E, Township 37S Range 6E, Township 37S
5885     Range 7E, Township 37S Range 8E, and Township 37S Range 9E; and
5886          (ii) in Kane County, Township 38S Range 1W, Township 38S Range 2W, Township
5887     38S Range 3W, Township 38S Range 4W, Township 38S Range 1E, Township 38S Range 2E,

5888     Township 38S Range 3E, Township 38S Range 4E, Township 38S Range 5E, Township 38S
5889     Range 6E, Township 38S Range 7E, Township 38S Range 8E, Township 38S Range 9E,
5890     Township 39S Range 1W, Township 39S Range 2W, Township 39S Range 3W, Township 39S
5891     Range 4W, Township 39S Range 4.5W, Township 39S Range 1E, Township 39S Range 2E,
5892     Township 39S Range 3E, Township 39S Range 4E, Township 39S Range 5E, Township 39S
5893     Range 6E, Township 39S Range 7E, Township 39S Range 8E, Township 39S Range 9E,
5894     Township 40S Range 1W, Township 40S Range 2W, Township 40S Range 3W, Township 40S
5895     Range 4W, Township 40S Range 4.5W, Township 40S Range 5W, Township 40S Range 1E,
5896     Township 40S Range 2E, Township 40S Range 3E, Township 40S Range 4E, Township 40S
5897     Range 5E, Township 40S Range 6E, Township 40S Range 7E, Township 40S Range 8E,
5898     Township 40S Range 9E, Township 40.5S Range 9E, Township 41S Range 1W, Township
5899     41S Range 2W, Township 41S Range 3W, Township 41S Range 4W, Township 41S Range
5900     4.5W, Township 41S Range 5W, Township 41S Range 1E, Township 41S Range 2E,
5901     Township 41S Range 3E, Township 41S Range 4E, Township 41S Range 5E, Township 41S
5902     Range 6E, Township 41S Range 7E, Township 41S Range 8E, Township 41S Range 9E,
5903     Township 42S Range 1W, Township 42S Range 2W, Township 42S Range 3W, Township 42S
5904     Range 4W, Township 42S Range 4.5W, Township 42S Range 5W, Township 42S Range 1E,
5905     Township 42S Range 2E, Township 42S Range 3E, Township 42S Range 4E, Township 42S
5906     Range 5E, Township 42S Range 6E, Township 42S Range 7E, Township 42S Range 8E,
5907     Township 42S Range 9E, Township 42.5S Range 6.5E, Township 42.5S Range 7E, Township
5908     43S Range 1W, Township 43S Range 2W, Township 43S Range 3W, Township 43S Range
5909     4W, Township 43S Range 4.5W, Township 43S Range 5W, Township 43S Range 1E,
5910     Township 43S Range 2E, Township 43S Range 3E, Township 43S Range 4E, Township 43S
5911     Range 5E, Township 43S Range 6E, Township 44S Range 1W, Township 44S Range 2W,
5912     Township 44S Range 3W, Township 44S Range 4W, Township 44S Range 4.5W, Township
5913     44S Range 5W, Township 44S Range 1E, Township 44S Range 2E, Township 44S Range 3E,
5914     Township 44S Range 4E, and Township 44S Range 5E;

5915          (b) "Beaver County Southwest Desert Region Grazing Zone," consisting of certain
5916     BLM lands in the following townships in Beaver County, as more fully illustrated in the map
5917     prepared by the Beaver County Geographic Information Systems Departments entitled "Beaver
5918     County Southeast Desert Grazing Zone": Township 26S Range 11W, Township 27S Range
5919     11W, Township 28S Range 11W, Township 29S Range 11W, Township 30S Range 11W,
5920     Township 26S Range 12W, Township 27S Range 12W, Township 28S Range 12W, Township
5921     29S Range 12W, Township 30S Range 12W, Township 26S Range 13W, Township 27S
5922     Range 13W, Township 28S Range 13W, Township 29S Range 13W, Township 30S Range
5923     13W, Township 26S Range 14W, Township 27S Range 14W, Township 28S Range 14W,
5924     Township 29S Range 14W, Township 30S Range 14W, Township 26S Range 15W, Township
5925     27S Range 15W, Township 28S Range 15W, Township 29S Range 15W, Township 30S
5926     Range 15W, Township 26S Range 16W, Township 27S Range 16W, Township 28S Range
5927     16W, Township 29S Range 16W, Township 30S Range 16W, Township 26S Range 17W,
5928     Township 27S Range 17W, Township 28S Range 17W, Township 29S Range 17W, Township
5929     30S Range 17W, Township 26S Range 18W, Township 27S Range 18W, Township 28S
5930     Range 18W, Township 29S Range 18W, Township 30S Range 18W, Township 26S Range
5931     19W, Township 27S Range 19W, Township 28S Range 19W, Township 29S Range 19W,
5932     Township 30S Range 19W, Township 26S Range 20W, Township 27S Range 20W, Township
5933     28S Range 20W, Township 29S Range 20W, and Township 30S Range 20W;
5934          (c) "Beaver County Central Grazing Zone," consisting of certain BLM and Forest
5935     Service lands in the following townships in Beaver County, as more fully illustrated in the map
5936     prepared by the Beaver County Geographic Information Systems Department entitled "Beaver
5937     County Central Grazing Zone": Township 26S Range 7W, Township 26S Range 8W,
5938     Township 26S Range 9W, Township 26S Range 10W, Township 27S Range 7W, Township
5939     27S Range 8W, Township 27S Range 9W, Township 27S Range 10W, Township 28S Range
5940     7W, Township 28S Range 8W, Township 28S Range 9W, Township 28S Range 10W,
5941     Township 29S Range 7W, Township 29S Range 8W, Township 29S Range 9W, Township 29S

5942     Range 10W, Township 30S Range 7W, Township 30S Range 8W, Township 30S Range 9W,
5943     and Township 30S Range 10W;
5944          (d) "Tushar Mountain Region Grazing Zone," consisting of certain BLM and Forest
5945     Service lands in the following townships in Beaver, Garfield, and Piute counties, as more fully
5946     illustrated in the map jointly prepared by the Beaver, Garfield, and Piute counties GIS
5947     departments in February 2014, entitled "Tushar Mountain Region Grazing Zone":
5948          (i) in Beaver County, Township 28S Range 4W, Township 29S Range 4W, Township
5949     27S Range 5W, Township 28S Range 5W, Township 29S Range 5W, Township 30S Range
5950     5W, Township 26S Range 6W, Township 27S Range 6W, Township 28S Range 6W,
5951     Township 29S Range 6W, and Township 30S Range 6W;
5952          (ii) in Piute County, Township 26S Range 6W, Township 27S Range 6W, Township
5953     26S Range 5W, Township 27S Range 5W, Township 28S Range 5W, Township 29S Range
5954     5W, Township 30S Range 5W, Township 26S Range 4.5W, Township 26S Range 4W,
5955     Township 27S Range 4W, Township 28S Range 4W, Township 29S Range 4W, and Township
5956     30S Range 4W; and
5957          (iii) in Garfield County, Township 31S Range 5W;
5958          (e) "Last Chance Region Grazing Zone," consisting of certain BLM and Forest Service
5959     lands in the following townships in Sevier County, as more fully illustrated in the map
5960     prepared by the Sevier County GIS department in February 2014, entitled "Last Chance Region
5961     Grazing Zone": Township 23S Range 5E, Township 24S Range 4E, Township 24S Range 5E,
5962     Township 25S Range 5E, and Township 26S Range 5E;
5963          (f) "Muddy Creek Region Grazing Zone," consisting of certain BLM lands in the
5964     following townships in Emery County, as more fully illustrated in the map prepared by the
5965     Emery County GIS department in February 2014, entitled "Muddy Creek Region Grazing
5966     Zone": Township 22S Range 7E, Township 23S Range 7E, Township 24S Range 7E,
5967     Township 25S Range 7E, Township 22S Range 8E, Township 23S Range 8E, Township 24S
5968     Range 8E, Township 25S Range 8E, Township 23S Range 9E, and Township 24S Range 9E;

5969          (g) "McKay Flat Region Grazing Zone," consisting of certain BLM lands in the
5970     following townships in Emery County, as more fully illustrated in the map prepared by the
5971     Emery County GIS department in February 2014, entitled "McKay Flat Region Grazing Zone":
5972     Township 25S Range 9E, Township 26S Range 9E, Township 23S Range 10E, Township 24S
5973     Range 10E, Township 25S Range 10E, Township 24S Range 11E, and Township 25S Range
5974     11E;
5975          (h) "Sinbad Region Grazing Zone," consisting of certain BLM lands in the following
5976     townships in Emery County, as more fully illustrated in the map prepared by the Emery County
5977     GIS department in February 2014, entitled "Sinbad Region Grazing Zone": Township 20S
5978     Range 11E, Township 21S Range 11E, Township 21S Range 12E, Township 22S Range 12E,
5979     Township 23S Range 12E, Township 21S Range 13E, Township 22S Range 13E, and
5980     Township 23S Range 13E;
5981          (i) "Robbers Roost Region Grazing Zone," consisting of certain BLM lands in the
5982     following townships in Emery County, as more fully illustrated in the map prepared by the
5983     Emery County GIS department in February 2014, entitled "Robbers Roost Region Grazing
5984     Zone": Township 25S Range 13E, Township 26S Range 13E, Township 25S Range 14E,
5985     Township 26S Range 14E, Township 25S Range 15E, and Township 26S Range 15E;
5986          (j) "Western Iron County Region Grazing Zone," consisting of certain BLM and Forest
5987     Service lands in the following townships in Iron County, as more fully illustrated in the map
5988     prepared by the Iron County GIS department in February 2014, entitled "Western Iron County
5989     Region Grazing Zone": Township 31S Range 7W, Township 31S Range 8W, Township 31S
5990     Range 9W, Township 31S Range 10W, Township 31S Range 11W, Township 31S Range
5991     12W, Township 31S Range 13W, Township 31S Range 14W, Township 31S Range 15W,
5992     Township 31S Range 16W, Township 31S Range 17W, Township 31S Range 18W, Township
5993     31S Range 19W, Township 31S Range 20W, Township 32S Range 8W, Township 32S Range
5994     9W, Township 32S Range 10W, Township 32S Range 11W, Township 32S Range 12W,
5995     Township 32S Range 13W, Township 32S Range 14W, Township 32S Range 15W, Township

5996     32S Range 16W, Township 32S Range 17W, Township 32S Range 18W, Township 32S
5997     Range 19W, Township 32S Range 20W, Township 33S Range 8W, Township 33S Range 9W,
5998     Township 33S Range 10W, Township 33S Range 11W, Township 33S Range 12W, Township
5999     33S Range 13W, Township 33S Range 14W, Township 33S Range 15W, Township 33S
6000     Range 16W, Township 33S Range 17W, Township 33S Range 18W, Township 33S Range
6001     19W, Township 33S Range 20W, Township 34S Range 9W, Township 34S Range 10W,
6002     Township 34S Range 11W, Township 34S Range 12W, Township 34S Range 13W, Township
6003     34S Range 14W, Township 34S Range 15W, Township 34S Range 17W, Township 34S
6004     Range 18W, Township 34S Range 19W, Township 34S Range 20W, Township 35S Range
6005     10W, Township 35S Range 12W, Township 35S Range 13W, Township 35S Range 14W,
6006     Township 35S Range 15W, Township 35S Range 17W, Township 35S Range 18W, Township
6007     35S Range 19W, Township 35S Range 20W, Township 36S Range 11W, Township 36S
6008     Range 12W, Township 36S Range 13W, Township 36S Range 14W, Township 36S Range
6009     15W, Township 36S Range 17W, Township 36S Range 18W, Township 36S Range 19W,
6010     Township 36S Range 20W, Township 37S Range 12W, Township 37S Range 13W, Township
6011     37S Range 14W, and Township 38S Range 12W;
6012          (k) "Eastern Iron County Region Grazing Zone," consisting of certain BLM and Forest
6013     Service lands in the following townships in Iron County, as more fully illustrated in the map
6014     prepared by the Iron County GIS department in February 2014, entitled "Eastern Iron County
6015     Region Grazing Zone": Township 31S Range 6W, Township 31S Range 7W, Township 32S
6016     Range 6W, Township 32S Range 7W, Township 33S Range 6W, Township 33S Range 7W,
6017     Township 33S Range 8W, Township 34S Range 7W, Township 34S Range 8W, Township 34S
6018     Range 9W, Township 35S Range 8W, Township 35S Range 9W, Township 35S Range 10W,
6019     Township 36S Range 8W, Township 36S Range 9W, Township 36S Range 10W, Township
6020     36S Range 11W, Township 37S Range 8W, Township 37S Range 9W, Township 37S Range
6021     11W, Township 37S Range 12W, Township 38S Range 11W, Township 38S Range 12W,
6022     Township 38S Range 10W, Township 38S Range 11W, and Township 38S Range 12W,

6023     excluding Zion National Park;
6024          (l) "Panguitch Lake Region Grazing Zone," consisting of certain BLM and Forest
6025     Service lands in the following townships in Kane and Garfield counties, as more fully
6026     illustrated in the map prepared by the Kane County GIS department in February 2014, entitled
6027     "Panguitch Lake Region Grazing Zone," and the map prepared by the Garfield County GIS
6028     department in February 2017 entitled "Panguitch Lake Region Grazing Zone":
6029          (i) in Kane County, Township 38S Range 9W, Township 38S Range 8W, Township
6030     38S Range 7W, Township 38S Range 6W, Township 39S Range 8W, and Township 39S
6031     Range 7W; and
6032          (ii) in Garfield County, Township 35S Range 7W, Township 36S Range 7W,
6033     Township 37S Range 7W, Township 34S Range 6W, Township 35S Range 6W, Township 36S
6034     Range 6W, and Township 37S Range 6W;
6035          (m) "East Fork Region Grazing Zone," consisting of certain BLM and Forest Service
6036     lands in the following townships in Kane and Garfield counties, as more fully illustrated in the
6037     map jointly prepared by the Kane and Garfield counties GIS departments in February 2017,
6038     entitled "East Fork Region Grazing Zone":
6039          (i) in Kane County, Township 38S Range 5W, Township 38S Range 4.5W, Township
6040     39S Range 5W, and Township 39S Range 4.5W; and
6041          (ii) in Garfield County, Township 36S Range 5W, Township 37S Range 5W,
6042     Township 32S Range 4.5W, Township 33S Range 4.5W, Township 34S Range 4.5W,
6043     Township 35S Range 4.5W, Township 36S Range 4.5W, Township 37S Range 4.5W,
6044     Township 31S Range 4W, Township 32S Range 4W, Township 33S Range 4W, Township 34S
6045     Range 4W, Township 35S Range 4W, Township 36S Range 4W, Township 37S Range 4W,
6046     Township 31S Range 3W, Township 32S Range 3W, Township 33S Range 3W, Township 34S
6047     Range 3W, Township 35S Range 3W, Township 36S Range 3W, Township 37S Range 3W,
6048     Township 31S Range 2.5W, Township 32S Range 2W, Township 33S Range 2W, Township
6049     34S Range 2W, and Township 35S Range 2W;

6050          (n) "Sevier River Region Grazing Zone," consisting of certain BLM and Forest Service
6051     lands in the following townships in Piute County, as more fully illustrated in the map prepared
6052     by the Piute GIS department in February 2014, entitled "Sevier River Region Grazing Zone":
6053     Township 27S Range 3W, Township 28S Range 3W, and Township 29S Range 3W;
6054          (o) "Kingston Canyon Region Grazing Zone," consisting of certain BLM and Forest
6055     Service lands in the following townships in Piute and Garfield counties, as more fully
6056     illustrated in the map jointly prepared by the Piute and Garfield counties GIS departments in
6057     February 2017, entitled "Kingston Canyon Region Grazing Zone":
6058          (i) in Piute County, Township 30S Range 3W, Township 30S Range 2.5W, and
6059     Township 30S Range 2W; and
6060          (ii) in Garfield County, Township 31S Range 2W, Township 32S Range 2W,
6061     Township 31S Range 1W, and Township 32S Range 1W;
6062          (p) "Monroe Mountain Region Grazing Zone," consisting of certain BLM and Forest
6063     Service lands in the following townships in Piute County, as more fully illustrated in the map
6064     prepared by the Piute County GIS department in February 2014, entitled "Monroe Mountain
6065     Region Grazing Zone": Township 26S Range 3W, Township 27S Range 2.5W, Township 28S
6066     Range 2.5W, Township 29S Range 2.5W, Township 26S Range 2W, Township 27S Range
6067     2W, Township 28S Range 2W, Township 29S Range 2W, Township 26S Range 1W, and
6068     Township 27S Range 1W;
6069          (q) "Parker Mountain Region Grazing Zone," consisting of certain BLM and Forest
6070     Service lands in the following townships in Wayne County, as more fully illustrated in the map
6071     prepared by the Wayne County GIS department in February 2014, entitled "Parker Mountain
6072     Region Grazing Zone": Township 26S Range 2E, Township 27S Range 2E, Township 28S
6073     Range 2E, Township 29S Range 2E, and Township 30S Range 2E;
6074          (r) "Boulder Mountain Region Grazing Zone," consisting of certain BLM and Forest
6075     Service lands in the following townships in Wayne and Garfield counties, as more fully
6076     illustrated in the map jointly prepared by the Wayne and Garfield counties GIS departments in

6077     February 2017, entitled "Boulder Mountain Region Grazing Zone":
6078          (i) in Wayne County, Township 30S Range 3E, Township 30S Range 4E, and
6079     Township 30S Range 5E; and
6080          (ii) in Garfield County, Township 35S Range 3W, Township 36S Range 3W,
6081     Township 33S Range 2W, Township 34S Range 2W, Township 35S Range 2W, Township 36S
6082     Range 2W, Township 31S Range 1W, Township 32S Range 1W, Township 33S Range 1W,
6083     Township 34S Range 1W, Township 35S Range 1W, Township 36S Range 1W, Township 31S
6084     Range 1E, Township 32S Range 1E, Township 33S Range 1E, Township 34S Range 1E,
6085     Township 35S Range 1E, Township 36S Range 1E, Township 37S Range 1E, Township 31S
6086     Range 2E, Township 32S Range 2E, Township 33S Range 2E, Township 34S Range 2E,
6087     Township 31S Range 3E, Township 32S Range 3E, Township 33S Range 3E, Township 34S
6088     Range 3E, Township 31S Range 4E, Township 32S Range 4E, Township 33S Range 4E,
6089     Township 30.5S Range 5E, Township 31S Range 5E, Township 32S Range 5E, Township 33S
6090     Range 5E, Township 31S Range 6E, and Township 32S Range 6E;
6091          (s) "Thousand Lake Region Grazing Zone," consisting of certain Forest Service lands
6092     in the following townships in Wayne County, as more fully illustrated in the map prepared by
6093     the Wayne County GIS department in February 2014, entitled "Thousand Lake Region Grazing
6094     Zone": Township 26S Range 4E, Township 27S Range 4E, and Township 28S Range 4E;
6095          (t) "Hartnet-Middle Desert Region Grazing Zone," consisting of certain BLM lands in
6096     the following townships in Wayne County, as more fully illustrated in the map prepared by the
6097     Wayne County GIS department in February 2014, entitled "Hartnet-Middle Desert Region
6098     Grazing Zone": Township 28S Range 7E, Township 27S Range 8E, and Township 28S Range
6099     8E;
6100          (u) "Sandy No. 1 Region Grazing Zone," consisting of certain BLM lands in the
6101     following townships in Wayne County, as more fully illustrated in the map prepared by the
6102     Wayne County GIS department in February 2014, entitled "Sandy No. 1 Region Grazing
6103     Zone": Township 29S Range 8E and Township 30S Range 8E;

6104          (v) "Blue Benches Region Grazing Zone," consisting of certain BLM lands in the
6105     following townships in Wayne County, as more fully illustrated in the map prepared by the
6106     Wayne County GIS department in February 2014, entitled "Blue Benches Region Grazing
6107     Zone": Township 29S Range 9E, Township 29S Range 10E, and Township 30S Range 10E;
6108          (w) "Wild Horse Region Grazing Zone," consisting of certain BLM lands in the
6109     following townships in Wayne County, as more fully illustrated in the map prepared by the
6110     Wayne County GIS department in February 2014, entitled "Wild Horse Region Grazing Zone":
6111     Township 27S Range 10E and Township 27S Range 11E;
6112          (x) "Hanksville Region Grazing Zone," consisting of certain BLM lands in the
6113     following townships in Wayne County, as more fully illustrated in the map prepared by the
6114     Wayne County GIS department in February 2014, entitled "Hanksville Region Grazing Zone":
6115     Township 29S Range 11E, Township 30S Range 11E, Township 28S Range 12E, Township
6116     29S Range 12E, Township 30S Range 12E, and Township 30S Range 13E;
6117          (y) "Jeffery Wells Region Grazing Zone," consisting of certain BLM lands in the
6118     following townships in Wayne County, as more fully illustrated in the map prepared by the
6119     Wayne County GIS department in February 2014, entitled "Jeffery Wells Region Grazing
6120     Zone": Township 27S Range 14E and Township 27S Range 15E;
6121          (z) "Robbers Roost Region Grazing Zone," consisting of certain BLM lands in the
6122     following townships in Wayne County, as more fully illustrated in the map prepared by the
6123     Wayne County GIS department in February 2014, entitled "Robbers Roost Region Grazing
6124     Zone": Township 29S Range 14E;
6125          (aa) "French Springs Region Grazing Zone," consisting of certain BLM lands in the
6126     following townships in Wayne County, as more fully illustrated in the map prepared by the
6127     Wayne County GIS department in February 2014, entitled "French Springs Region Grazing
6128     Zone": Township 30S Range 16E;
6129          (bb) "12 Mile C&H Region Grazing Zone," consisting of certain Forest Service lands
6130     in the following townships in Sanpete County, as more fully illustrated in the map prepared by

6131     the Sanpete County GIS department in February 2014, entitled "12 Mile C&H Region Grazing
6132     Zone": Township 19S Range 3E and Township 20S Range 3E;
6133          (cc) "Horseshoe Region Grazing Zone," consisting of certain Forest Service lands in
6134     the following townships in Sanpete County, as more fully illustrated in the map prepared by the
6135     Sanpete County GIS department in February 2014, entitled "Horseshoe Region Grazing Zone":
6136     Township 14S Range 5E, Township 14S Range 6E, Township 15S Range 5E, and Township
6137     15S Range 6E;
6138          (dd) "Nokai Dome Region Grazing Zone," consisting of certain BLM and National
6139     Park Service lands in the following townships in San Juan County, as more fully illustrated in
6140     the map prepared by the San Juan County GIS department in February 2014, entitled "Nokai
6141     Dome Region Grazing Zone": Township 38S Range 11E, Township 38S Range 12E, Township
6142     39S Range 11E, Township 39S Range 12E, Township 39S Range 13E, Township 39S Range
6143     14E, Township 39S Range 15E, Township 40S Range 10E, Township 40S Range 11E,
6144     Township 40S Range 12E, Township 40S Range 13E, Township 40S Range 14E, Township
6145     41S Range 9E, Township 41S Range 10E, Township 41S Range 11E, and Township 41S
6146     Range 12E;
6147          (ee) "Grand Gulch Region Grazing Zone," consisting of certain BLM and National
6148     Park Service lands in the following townships in San Juan County, as more fully illustrated in
6149     the map prepared by the San Juan County GIS department in February 2014, entitled "Grand
6150     Gulch Region Grazing Zone": Township 37S Range 17E, Township 37S Range 18E, Township
6151     38S Range 16E, Township 38S Range 17E, Township 38S Range 18E, Township 39S Range
6152     14E, Township 39S Range 15E, Township 39S Range 16E, Township 39S Range 17E,
6153     Township 39S Range 18E, Township 40S Range 14E, Township 40S Range 15E, Township
6154     40S Range 16E, Township 40S Range 17E, and Township 40S Range 18E;
6155          (ff) "Cedar Mesa East Region Grazing Zone," consisting of certain BLM and National
6156     Park Service lands in the following townships in San Juan County, as more fully illustrated in
6157     the map prepared by the San Juan County GIS department in February 2014, entitled "Cedar

6158     Mesa East Region Grazing Zone": Township 36S Range 20E, Township 37S Range 18E,
6159     Township 37S Range 19E, Township 37S Range 20E, Township 37S Range 21E, Township
6160     38S Range 18E, Township 38S Range 19E, Township 38S Range 20E, Township 38S Range
6161     21E, Township 39S Range 18E, Township 39S Range 19E, Township 39S Range 20E,
6162     Township 39S Range 21E, Township 40S Range 18E, Township 40S Range 19E, Township
6163     40S Range 20E, Township 40S Range 21E, Township 41S Range 18E, Township 41S Range
6164     19E, Township 41S Range 20E, and Township 41S Range 21E;
6165          (gg) "Mancos Mesa Region Grazing Zone," consisting of certain BLM and National
6166     Park Service lands in the following townships in San Juan County, as more fully illustrated in
6167     the map prepared by the San Juan County GIS department in February 2014, entitled "Mancos
6168     Mesa Region Grazing Zone": Township 35S Range 13E, Township 36S Range 12E, Township
6169     36S Range 13E, Township 36S Range 14E, Township 37S Range 12E, Township 37S Range
6170     13E, Township 37S Range 14E, Township 37S Range 15E, Township 38S Range 11E,
6171     Township 38S Range 12E, Township 38S Range 13E, Township 38S Range 14E, Township
6172     38S Range 15E, Township 38S Range 18E, Township 39S Range 13E, Township 39S Range
6173     14E, and Township 39S Range 15E;
6174          (hh) "Red Canyon Region Grazing Zone," consisting of certain BLM and National Park
6175     Service lands in the following townships in San Juan County, as more fully illustrated in the
6176     map prepared by the San Juan County GIS department in February 2014, entitled "Red Canyon
6177     Region Grazing Zone": Township 33S Range 14E, Township 34S Range 13E, Township 34S
6178     Range 14E, Township 34S Range 15E, Township 35S Range 13E, Township 35S Range 14E,
6179     Township 35S Range 15E, Township 36S Range 14E, Township 36S Range 15E, Township
6180     36S Range 16E, Township 36S Range 17E, Township 37S Range 14E, Township 37S Range
6181     15E, Township 37S Range 16E, Township 37S Range 17E, Township 38S Range 15E, and
6182     Township 38S Range 16E;
6183          (ii) "White Canyon Region Grazing Zone," consisting of certain BLM and National
6184     Park Service lands in the following townships in San Juan County, as more fully illustrated in

6185     the map prepared by the San Juan County GIS department in February 2014, entitled "White
6186     Canyon Region Grazing Zone": Township 33S Range 14E, Township 33S Range 15E,
6187     Township 33S Range 16E, Township 34S Range 14E, Township 34S Range 15E, Township
6188     34S Range 16E, Township 34S Range 17E, Township 35S Range 15E, Township 35S Range
6189     16E, Township 35S Range 17E, Township 35S Range 18E, Township 36S Range 15E,
6190     Township 36S Range 16E, Township 36S Range 17E, Township 36S Range 18E, Township
6191     37S Range 17E, and Township 37S Range 18E;
6192          (jj) "Dark Canyon/Hammond Canyon Region Grazing Zone," consisting of certain
6193     Forest Service lands in the following townships in San Juan County, as more fully illustrated in
6194     the map prepared by the San Juan County GIS department in February 2014, entitled "Dark
6195     Canyon/Hammond Canyon Region Grazing Zone": Township 34S Range 17E, Township 34S
6196     Range 18E, Township 34S Range 19E, Township 34S Range 20E, Township 35S Range 17E,
6197     Township 35S Range 18E, Township 35S Range 19E, Township 35S Range 20E, Township
6198     36S Range 18E, Township 36S Range 19E, Township 36S Range 20E, and Township 37S
6199     Range 19E;
6200          (kk) "Chippean/Indian Creek Region Grazing Zone," consisting of certain Forest
6201     Service lands in the following townships in San Juan County, as more fully illustrated in the
6202     map prepared by the San Juan County GIS department in February 2014, entitled
6203     "Chippean/Indian Creek Region Grazing Zone": Township 32S Range 21E, Township 32S
6204     Range 22E, Township 33S Range 21E, Township 33S Range 22E, Township 34S Range 20E,
6205     Township 34S Range 21E, Township 34S Range 22E, Township 35S Range 20E, Township
6206     35S Range 21E, and Township 35S Range 22E;
6207          (ll) "Henry Mountain Region Grazing Zone," consisting of certain BLM and National
6208     Park Service lands in the following townships in Garfield County, as more fully illustrated in
6209     the map prepared by the Garfield County GIS department in February 2017, entitled "Henry
6210     Mountain Region Grazing Zone": Township 31S Range 7E, Township 32S Range 7E,
6211     Township 31S Range 8E, Township 32S Range 8E, Township 33S Range 8E, Township 34S

6212     Range 8E, Township 31S Range 9E, Township 32S Range 9E, Township 33S Range 9E,
6213     Township 34S Range 9E, Township 35S Range 9E, Township 31S Range 10E, Township 32S
6214     Range 10E, Township 33S Range 10E, Township 34S Range 10E, Township 35S Range 10E,
6215     Township 31S Range 11E, Township 32S Range 11E, Township 33S Range 11E, Township
6216     34S Range 11E, Township 31S Range 12E, Township 32S Range 12E, Township 33S Range
6217     12E, and Township 34S Range 12E;
6218          (mm) "Glen Canyon Region Grazing Zone," consisting of certain BLM and National
6219     Park Service lands in the following townships in Garfield County, as more fully illustrated in
6220     the map prepared by the Garfield County GIS department in February 2017, entitled "Glen
6221     Canyon Region Grazing Zone": Township 36S Range 9E, Township 37S Range 9E, Township
6222     36S Range 10E, Township 37S Range 10E, Township 35S Range 11E, Township 36S Range
6223     11E, Township 37S Range 11E, Township 31S Range 12E, Township 32S Range 12E,
6224     Township 33S Range 12E, Township 34S Range 12E, Township 35S Range 12E, Township
6225     35.5S Range 12E, Township 36S Range 12E, Township 37S Range 12E, Township 31S Range
6226     13E, Township 32S Range 13E, Township 33S Range 13E, Township 34S Range 13E,
6227     Township 35S Range 13E, Township 35.5S Range 13E, Township 36S Range 13E, Township
6228     31S Range 14E, Township 32S Range 14E, Township 32.5S Range 14E, Township 33S Range
6229     14E, Township 31S Range 15E, Township 32S Range 15E, Township 32.5S Range 15E,
6230     Township 33S Range 15E, Township 30.5S Range 16E, Township 31S Range 16E, Township
6231     32S Range 16E, Township 30.5S Range 17E, Township 31S Range 17E, Township 32S Range
6232     17E, Township 30.5S Range 18E, and Township 31S Range 18E;
6233          (nn) "Glendale Bench Region Grazing Zone," consisting of certain BLM and Forest
6234     Service lands in the following townships in Kane County, as more fully illustrated in the map
6235     prepared by the Kane County GIS department in February 2014, entitled "Glendale Bench
6236     Region Grazing Zone": Township 39S Range 6W, Township 39S Range 5W, Township 39S
6237     Range 4.5W, Township 40S Range 7W, Township 40S Range 6W, Township 41S Range 7W,
6238     and Township 41S Range 6W;

6239          (oo) "John R. Region Grazing Zone," consisting of certain BLM and Forest Service
6240     lands in the following townships in Kane County, as more fully illustrated in the map prepared
6241     by the Kane County GIS department in February 2014, entitled "John R. Region Grazing
6242     Zone": Township 41S Range 7W, Township 41S Range 6W, Township 42S Range 7W,
6243     Township 42S Range 6W, Township 43S Range 6W, and Township 44S Range 6W;
6244          (pp) "Beaver Dam Scope Region Grazing Zone," consisting of certain BLM lands in
6245     the following townships in Washington County, as more fully illustrated in the map prepared
6246     by the Washington County GIS department: Township 42 South Range 17 West, Township 43
6247     South Range 18 West, Township 43 South Range 19 West, Township 43 South Range 20
6248     West, Township 42 South Range 18 West, Township 42 South Range 19 West, Township 42
6249     South Range 20 West, Township 41 South Range 17 West, Township 41 South Range 18
6250     West, Township 41 South Range 19 West, Township 41 South Range 20 West, Township 40
6251     South Range 18 West, Township 40 South Range 19 West, and Township 40 South Range 20
6252     West;
6253          (qq) "Square Top Daggett Flat Region Grazing Zone," consisting of certain BLM lands
6254     in the following townships in Washington County, as more fully illustrated in the map prepared
6255     by the Washington County GIS department: Township 40 South Range 17 West, Township 40
6256     South Range 18 West, Township 40 South Range 19 West, Township 40 South Range 20
6257     West, Township 39 South Range 16 West, Township 39 South Range 17 West, Township 39
6258     South Range 18 West, Township 39 South Range 19 West, Township 39 South Range 20
6259     West, Township 38 South Range 18 West, Township 38 South Range 19 West, and Township
6260     38 South Range 20 West;
6261          (rr) "Enterprise Region Grazing Zone," consisting of certain BLM and Forest Service
6262     lands in the following townships in Washington County, as more fully illustrated in the map
6263     prepared by the Washington County GIS department: Township 37 South Range 17 West and
6264     Township 37 South Range 18 West;
6265          (ss) "Apex Region Grazing Zone," consisting of certain BLM lands in the following

6266     townships in Washington County, as more fully illustrated in the map prepared by the
6267     Washington County GIS department: Township 42 South Range 16 West, Township 42 South
6268     Range 17 West, Township 43 South Range 16 West, and Township 43 South Range 17 West;
6269          (tt) "Veyo/Gunlock Region Grazing Zone," consisting of certain BLM lands in the
6270     following townships in Washington County, as more fully illustrated in the map prepared by
6271     the Washington County GIS department: Township 39 South Range 16 West, Township 39
6272     South Range 17 West, Township 40 South Range 16 West, Township 40 South Range 17
6273     West, Township 41 South Range 16 West, Township 41 South Range 17 West, and Township
6274     41 South Range 18 West;
6275          (uu) "Pine Valley Dixie National Forest Grazing Zone," consisting of certain Forest
6276     Service lands in the following townships in Washington County, as more fully illustrated in the
6277     map prepared by the Washington County GIS department: Township 37 South Range 15 West,
6278     Township 37 South Range 16 West, Township 37 South Range 17 West, Township 37 South
6279     Range 18 West, Township 37 South Range 19 West, Township 37 South Range 20 West,
6280     Township 38 South Range 13 West, Township 38 South Range 14 West, Township 38 South
6281     Range 15 West, Township 38 South Range 16 West, Township 38 South Range 17 West,
6282     Township 38 South Range 18 West, Township 38 South Range 19 West, Township 39 South
6283     Range 13 West, Township 39 South Range 14 West, Township 39 South Range 15 West,
6284     Township 39 South Range 16 West, Township 39 South Range 17 West, and Township 39
6285     South Range 18 West;
6286          (vv) "New Harmony Region Grazing Zone," consisting of certain BLM lands in the
6287     following township in Washington County, as more fully illustrated in the map prepared by the
6288     Washington County GIS department: Township 38 South Range 13 West;
6289          (ww) "Kanarra Region Grazing Zone," consisting of certain BLM lands in the
6290     following township in Washington County, as more fully illustrated in the map prepared by the
6291     Washington County GIS department: Township 38 South Range 11 West;
6292          (xx) "Kolob Region Grazing Zone," consisting of certain BLM lands in the following

6293     townships in Washington County, as more fully illustrated in the map prepared by the
6294     Washington County GIS department: Township 38 South Range 10 West and Township 39
6295     South Range 10 West;
6296          (yy) "La Verkin Creek/Dry Creek Region Grazing Zone," consisting of certain BLM
6297     lands in the following townships in Washington County, as more fully illustrated in the map
6298     prepared by the Washington County GIS department: Township 39 South Range 11 West,
6299     Township 39 South Range 12 West, Township 39 South Range 13 West, Township 40 South
6300     Range 11 West, Township 40 South Range 12 West, Township 40 South Range 13 West,
6301     Township 41 South Range 11 West, Township 41 South Range 12 West, and Township 41
6302     South Range 13 West;
6303          (zz) "Grafton Region Grazing Zone," consisting of certain BLM lands in the following
6304     townships in Washington County: Township 41 South Range 11 West, Township 41 South
6305     Range 12 West, Township 41 South Range 13 West, Township 42 South Range 11 West,
6306     Township 42 South Range 12 West, and Township 42 South Range 13 West;
6307          (aaa) "Hurricane Region Grazing Zone," consisting of certain BLM lands in the
6308     following townships in Washington County, as more fully illustrated in the map prepared by
6309     the Washington County GIS department: Township 42 South Range 13 West, Township 42
6310     South Range 14 West, Township 42 South Range 15 West, Township 43 South Range 13
6311     West, Township 43 South Range 14 West, and Township 43 South Range 15 West;
6312          (bbb) "Little Creek Region Grazing Zone," consisting of certain BLM lands in the
6313     following townships in Washington County, as more fully illustrated in the map prepared by
6314     the Washington County GIS department: Township 42 South Range 11 West, Township 42
6315     South Range 12 West, Township 42 South Range 13 West, Township 43 South Range 11
6316     West, Township 43 South Range 12 West, and Township 43 South Range 13 West;
6317          (ccc) "Canaan Mountain Grazing Zone," consisting of certain BLM lands in the
6318     following townships in Washington County, as more fully illustrated in the map prepared by
6319     the Washington County GIS department: Township 42 South Range 9.5 West, Township 42

6320     South Range 10 West, Township 42 South Range 11 West, Township 43 South Range 9.5
6321     West, Township 43 South Range 10 West, and Township 43 South Range 11 West; and
6322          (ddd) "Panguitch Valley Regional Grazing Zone," consisting of certain BLM lands in
6323     the following townships in Garfield County, as more fully illustrated in the map prepared by
6324     the Garfield County GIS department in February 2017, entitled "Panguitch Valley Region
6325     Grazing Zone": Township 34S Range 6W, Township 35S Range 6W, Township 36S Range
6326     6W, Township 37S Range 6W, Township 32S Range 5.5W, Township 31S Range 5W,
6327     Township 32S Range 5W, Township 33S Range 5W, Township 34S Range 5W, Township 35S
6328     Range 5W, Township 36S Range 5W, Township 37S Range 5W, Township 32S Range 4.5W,
6329     Township 33S Range 4.5W, Township 34S Range 4.5W, Township 35S Range 4.5W,
6330     Township 36S Range 4.5W, Township 31S Range 4W, and Township 31S Range 3W.
6331          (3) Printed copies of the maps referenced in Subsection (2) shall be available for
6332     inspection by the public at the offices of the Utah Association of Counties.
6333          (4) The state finds with respect to the grazing zones described in Subsection (2) that:
6334          (a) agricultural livestock industry on the lands comprising these zones has provided a
6335     significant contribution to the history, customs, culture, economy, welfare, and other values of
6336     each area for more than 100 years;
6337          (b) the potential for abundant natural and vegetative resources exists within these zones
6338     if managed properly, that will support and expand continued, responsible agricultural livestock
6339     activities and wildlife habitat;
6340          (c) agricultural livestock activities in these zones and the associated historic resources,
6341     human history, shaping of human endeavors, variety of cultural resources, landmarks,
6342     structures, and other objects of historic or scientific interest are worthy of recognition,
6343     preservation, and protection;
6344          (d) (i) the highest management priority for lands within these zones is the preservation,
6345     restoration, and enhancement of watershed and rangeland health to sustain and expand forage
6346     production for both livestock grazing and wildlife habitat, and the restoration and development

6347     of historic, existing, and future livestock grazing and wildlife habitat resources in order to
6348     provide protection for the resources, objects, customs, culture, and values identified above; and
6349          (ii) notwithstanding Subsection (4)(d)(i), if part or all of any zone lies within a sage
6350     grouse management area, then the management priorities for such part shall be consistent with
6351     the management priorities set forth in Subsection (4)(d)(i) to the maximum extent consistent
6352     with the management priorities of the sage grouse management area;
6353          (e) subject to Subsection (4)(d)(ii), responsible development of any deposits of energy
6354     and mineral resources, including oil, natural gas, oil shale, oil sands, coal, phosphate, gold,
6355     uranium, and copper, as well as areas with wind and solar energy potential, that may exist in
6356     these zones is compatible with the management priorities of Subsection (4)(d)(i) in these
6357     zones; and
6358          (f) subject to Subsection (4)(d)(ii), responsible development of any recreation
6359     resources, including roads, campgrounds, water resources, trails, OHV use, sightseeing,
6360     canyoneering, hunting, fishing, trapping, and hiking resources that may exist in these grazing
6361     zones is compatible with the management priorities of Subsection (4)(d)(i) in these grazing
6362     zones.
6363          (5) The state finds with respect to the zones described in Subsection (2) that the
6364     historic levels of livestock grazing activity and other values identified in Subsection (4) in each
6365     zone have greatly diminished, or are under other serious threat, due to:
6366          (a) unreasonable, arbitrary, and unlawfully restrictive federal management policies,
6367     including:
6368          (i) de facto managing for wilderness in nonwilderness areas and non-WSAs;
6369          (ii) ignoring the chiefly valuable for grazing designation of the Secretary of the Interior
6370     applicable to each of these zones; and
6371          (iii) the arbitrary administrative reductions in animal unit months of permitted forage;
6372          (b) inflexible federal grazing practices that disallow grazing at different times each year
6373     proven to be most effective for maintaining and enhancing rangeland conditions;

6374          (c) mismanagement of wild horses and burros resulting in competition for forage by
6375     excess and mismanaged populations of wild horses and burros in Beaver and Emery counties;
6376          (d) improper management of vegetation resulting in the overgrowth of pinion, invasive
6377     species, and juniper, and other woody vegetation that:
6378          (i) compromise watershed and rangeland health;
6379          (ii) crowd out grazing forage;
6380          (iii) degrade habitat and limit wildlife populations;
6381          (iv) reduce water yield; and
6382          (v) heighten the risk of catastrophic wildfire; and
6383          (e) other practices that degrade overall rangeland health.
6384          (6) To protect and preserve against the threats described in Subsection (5), the state
6385     supports the following with respect to the zones described in Subsection (2):
6386          (a) efficient and sustained policies, programs, and practices directed at preserving,
6387     restoring, and enhancing watershed and rangeland health to maximize:
6388          (i) all permitted forage production for livestock grazing and other compatible uses,
6389     including flexible grazing on and off dates adaptive to yearly climate and range conditions; and
6390          (ii) forage for fish and wildlife;
6391          (b) a cooperative management approach by federal agencies, the state, and local
6392     government agencies to achieve broadly supported management plans for the full development
6393     of:
6394          (i) forage resources for grazing livestock and wildlife; and
6395          (ii) other uses compatible with livestock grazing and wildlife utilization;
6396          (c) effective and responsible management of wild horses and burros to eliminate excess
6397     populations; and
6398          (d) effective and responsible management of wildlife habitat.
6399          (7) The state requests that the federal agencies that administer lands within each
6400     grazing zone:

6401          (a) fully cooperate and coordinate with the state and the respective counties within
6402     which each grazing zone is situated to develop, amend, and implement land and resource
6403     management plans, and implement management decisions that are consistent with the
6404     purposes, goals, and policies described in this section to the maximum extent allowed under
6405     federal law;
6406          (b) expedite the processing, granting, and streamlining of grazing permits, range
6407     improvements, and applications to enhance and otherwise develop all existing and permitted
6408     grazing resources located within each grazing zone, including renewable vegetative resources;
6409          (c) allow continued maintenance and increased development of roads, power lines,
6410     pipeline infrastructure, and other utilities necessary to achieve the goals, purposes, and policies
6411     described in this section and consistent with multiple use and sustained yield principles;
6412          (d) refrain from any planning decisions and management actions that will undermine,
6413     restrict, or diminish the goals, purposes, and policies for each grazing zone as stated in this
6414     section;
6415          (e) subject to Subsection (4)(d)(ii), refrain from implementing a policy that is contrary
6416     to the goals and purposes described within this section; and
6417          (f) refrain from implementing utilization standards less than 50%, unless:
6418          (i) implementing a standard of less than 50% utilization on a temporary basis is
6419     necessary to resolve site-specific concerns; and
6420          (ii) the federal agency consults, coordinates, and cooperates fully with local
6421     governments.
6422          (8) (a) If a grazing zone described in Subsection (2) is managed or neglected in such a
6423     way as to increase the risk of catastrophic wildfire, and if the chief executive officer of a
6424     county or a county sheriff finds that the catastrophic wildfire risk adversely affects the health,
6425     safety, and welfare of the people of the political subdivision and that increased livestock
6426     grazing in part or all of the grazing zone would substantially reduce that adverse effect:
6427          (i) Subsections 11-51-103(1)(a) and (b) shall govern and apply to the chief executive

6428     officer and the county sheriff with respect to making increased livestock grazing available in
6429     the grazing zone; and
6430          (ii) Subsection 11-51-103(1)(b) shall govern and apply to the attorney general with
6431     respect to making increased livestock grazing available in the grazing zone.
6432          (b) If a grazing zone described in Subsection (2) is managed or neglected in such a way
6433     as to increase the risk of catastrophic wildfire, and if the chief executive officer of a county or a
6434     county sheriff finds that the catastrophic wildfire risk constitutes an imminent threat to the
6435     health, safety, and welfare of the people of the political subdivision and that increased livestock
6436     grazing in part or all of the grazing zone would substantially reduce that imminent threat:
6437          (i) Subsections 11-51-103(2) and (3) shall govern and apply to the chief executive
6438     officer and the county sheriff with respect to making increased livestock grazing available in
6439     the grazing zone; and
6440          (ii) Subsection 11-51-103(3) and Section 11-51-104 shall govern and apply to the
6441     attorney general with respect to making increased livestock grazing available in the grazing
6442     zone.
6443          (9) (a) The state recognizes the importance of all grazing districts on Utah BLM and
6444     Forest Service lands but establishes the grazing zones described in Subsection (2) to provide
6445     special protection and preservation against the identified threats found in Subsection (5) to
6446     exist in these zones.
6447          (b) It is the intent of the state to designate additional grazing agricultural commodity
6448     zones in future years, if circumstances warrant special protection and preservation for new
6449     zones.
6450          (10) The state calls upon applicable federal, state, and local agencies to coordinate with
6451     each other and establish applicable intergovernmental standing commissions, with membership
6452     consisting of representatives from the United States government, the state, and local
6453     governments to coordinate and achieve consistency in planning decisions and management
6454     actions in zones described in Subsection (2) in order to achieve the goals, purposes, and

6455     policies described in this section.
6456          (11) Notwithstanding the provisions of this section, and subject to Subsection
6457     (4)(d)(ii), the state's mineral, oil, gas, and energy policies and plans on land within the zones
6458     described in Subsection (2) shall be governed by Sections [63J-4-401] 63L-11-302,
6459     63L-11-303, and 63J-8-104.
6460          Section 80. Section 63J-8-105.9 is amended to read:
6461          63J-8-105.9. Utah Timber Agricultural Commodity Zones established -- Findings
6462     -- Management and land use priorities.
6463          (1) There are established and designated Utah Timber Agricultural Commodity Zones
6464     for the purpose of:
6465          (a) preserving and protecting the agricultural timber, logging, and forest products
6466     industry within these zones from ongoing threats;
6467          (b) preserving and protecting the significant history, culture, customs, and economic
6468     value of the agricultural timber, logging, and forest products industry within these zones from
6469     ongoing threats; and
6470          (c) maximizing efficient and responsible restoration, reclamation, preservation,
6471     enhancement, and development of timber, logging, and forest products and affected natural,
6472     historical, and cultural activities within these zones, in order to protect and preserve these
6473     zones from ongoing threats.
6474          (2) The titles, land area, and boundaries of these zones are described as follows:
6475          (a) "Tushar Mountain Region Timber Zone," consisting of certain Forest Service lands
6476     in the following townships in Beaver County and Piute County, as more fully illustrated in the
6477     map jointly prepared by the Beaver and Piute counties GIS departments in February 2014,
6478     entitled "Tushar Mountain Region Timber Zone":
6479          (i) in Beaver County, Township 28S Range 4W, Township 29S Range 4W, Township
6480     27S Range 5W, Township 28S Range 5W, Township 29S Range 5W, Township 30S Range
6481     5W, Township 26S Range 6W, Township 27S Range 6W, Township 28S Range 6W,

6482     Township 29S Range 6W, and Township 30S Range 6W; and
6483          (ii) in Piute County, Township 26S Range 6W, Township 27S Range 6W, Township
6484     26S Range 5W, Township 27S Range 5W, Township 28S Range 5W, Township 29S Range
6485     5W, Township 30S Range 5W, Township 26S Range 4.5W, Township 26S Range 4W,
6486     Township 28S Range 4W, Township 29S Range 4W, and Township 30S Range 4W;
6487          (b) "Panguitch Lake Region Timber Zone," consisting of certain Forest Service lands
6488     situated in the following townships in Iron, Kane, and Garfield counties, as more fully
6489     illustrated in the map jointly prepared by the Iron, Kane, and Garfield counties GIS
6490     departments in February 2014, entitled "Panguitch Lake Region Timber Zone":
6491          (i) in Iron County, Township 34S Range 7W, Township 35S Range 8W, Township 36S
6492     Range 8W, Township 36S Range 9W (excluding Cedar Breaks National Monument and
6493     Ashdown Wilderness Area), Township 37S Range 8W, and Township 37S Range 9W;
6494          (ii) in Kane County, Township 38S Range 9W, Township 38S Range 8W, Township
6495     38S Range 7W, Township 38S Range 6W, Township 39S Range 8W, Township 39S Range
6496     7W, and Township 39S Range 6W; and
6497          (iii) in Garfield County, Township 35S Range 7W, Township 35S Range 6W,
6498     Township 36S Range 7W, Township 36S Range 6W, Township 37S Range 7W, and Township
6499     37S Range 6W;
6500          (c) "Monroe Mountain Region Timber Zone," consisting of certain Forest Service
6501     lands in the following townships in Piute County, as more fully illustrated in the map prepared
6502     by the Piute County GIS department in February 2014, entitled "Monroe Mountain Region
6503     Timber Zone": Township 26S Range 3W, Township 27S Range 2.5W, Township 28S Range
6504     2.5W, Township 29S Range 2.5W, Township 26S Range 2W, Township 27S Range 2W,
6505     Township 28S Range 2W, Township 29S Range 2W, Township 26S Range 1W, and Township
6506     7S Range 1W;
6507          (d) "Boulder Mountain Region Timber Zone," consisting of certain Forest Service
6508     lands situated in the following townships in Wayne and Garfield counties, as more fully

6509     illustrated in the map jointly prepared by the Wayne and Garfield counties GIS departments in
6510     February 2014, entitled "Boulder Mountain Region Timber Zone":
6511          (i) in Wayne County, Township 30S Range 3E, Township 30S Range 4E, and
6512     Township 30S Range 5E; and
6513          (ii) in Garfield County, Township 31S Range 1E, Township 31S Range 2E, Township
6514     31S Range 3E, Township 32S Range 2E, Township 32S Range 3E, Township 32S Range 4E,
6515     Township 33S Range 3E, Township 33S Range 4E, Township 30 1/2S Range 5E, Township
6516     31S Range 5E, Township 31S Range 6E, Township 32S Range 5E, and Township 32S Range
6517     6E;
6518          (e) "Thousand Lake Region Timber Zone," consisting of certain Forest Service lands in
6519     the following townships in Wayne County, as more fully illustrated in the map prepared by the
6520     Wayne County GIS department in February 2014, entitled "Thousand Lake Region Timber
6521     Zone": Township 26S Range 4E, Township 27S Range 4E, and Township 28S Range 4E;
6522           (f) "Millers Flat Region Timber Zone," consisting of certain Forest Service lands
6523     situated in the following townships in Sanpete County, as more fully illustrated in the map
6524     prepared by the Sanpete County GIS department in February 2014, entitled "Millers Flat
6525     Region Timber Zone": Township 16S Range 5E, Township 17S Range 5E, Township 17S
6526     Range 4E, and Township 17S Range 6E;
6527          (g) "East Fork Timber Zone," consisting of certain Forest Service lands situated in the
6528     following townships in Garfield and Kane counties, as more fully illustrated in the map jointly
6529     prepared by the Garfield and Kane counties GIS departments in February 2014, entitled "East
6530     Fork Region Timber Zone":
6531          (i) in Garfield County, Township 36S Range 4 1/2W, Township 36S Range 4W,
6532     Township 37S Range 5W, Township 37S Range 4 1/2W, and Township 37S Range 4W; and
6533          (ii) in Kane County, Township 38S Range 5W, Township 38S Range 4.5W, Township
6534     39S Range 5W, and Township 39S Range 4.5W;
6535          (h) "Upper Valley Timber Zone," consisting of certain Forest Service lands situated in

6536     the following townships in Garfield County, as more fully illustrated in the map prepared by
6537     the Garfield County GIS department in February 2014, entitled "Upper Valley Region Timber
6538     Zone": Township 34S Range 1W, Township 35S Range 1W, Township 35S Range 1E,
6539     Township 36S Range 1W, Township 36S Range 1E, and Township 37S Range 1E;
6540          (i) "Iron Springs Timber Zone," consisting of certain Forest Service lands situated in
6541     the following townships in Garfield County, as more fully illustrated in the map prepared by
6542     the Garfield County GIS department in February 2014, entitled "Iron Springs Region Timber
6543     Zone": Township 32S Range 1E, Township 33S Range 1W, Township 33S Range 1E, and
6544     Township 34S Range 1W; and
6545          (j) "Dutton Timber Zone," consisting of certain Forest Service lands situated in the
6546     following townships in Garfield County, as more fully illustrated in the map prepared by the
6547     Garfield County GIS department in February 2014, entitled "Dutton Region Timber Zone":
6548     Township 32S Range 3W, Township 32S Range 2W, Township 33S Range 3W, and Township
6549     33S Range 2W.
6550          (3) Printed copies of the maps referenced in Subsection (2) shall be available for
6551     inspection by the public at the offices of the Utah Association of Counties.
6552          (4) The state finds with respect to the zones described in Subsection (2) that:
6553          (a) agricultural timber, logging, and forest product industries on the lands comprising
6554     these timber zones have provided a significant contribution to the history, customs, culture,
6555     economy, welfare, and other values of each area for many decades;
6556          (b) abundant natural and vegetative resources exist within these zones to support and
6557     expand continued, responsible timber, logging, and other forest product activities;
6558          (c) agricultural timber, logging, and forest product activities in these zones, and the
6559     associated historic resources, human history, shaping of human endeavors, variety of cultural
6560     resources, landmarks, structures, and other objects of historic or scientific interest are worthy of
6561     recognition, preservation, and protection;
6562          (d) (i) the highest management priority for lands within these zones is maintenance and

6563     promotion of forest and vegetation ecosystem health achieved by responsible active
6564     management in development of historic, existing, and future timber, logging, and forest
6565     product resources in order to provide protection for the resources, objects, customs, culture,
6566     and values identified above; and
6567          (ii) notwithstanding Subsection (4)(d)(i), if part or all of any zone lies within a sage
6568     grouse management area, then the management priorities for such part shall be consistent with
6569     the management priorities set forth in Subsection (4)(d)(i) to the maximum extent consistent
6570     with the management priorities of the sage grouse management area;
6571          (e) subject to Subsection (4)(d)(ii), responsible development of any deposits of energy
6572     and mineral resources, including oil, natural gas, oil shale, oil sands, coal, phosphate, gold,
6573     uranium, and copper, as well as areas with wind and solar energy potential, that may exist in
6574     these zones is compatible with the management priorities of Subsection (4)(d)(i) in these
6575     zones; and
6576          (f) subject to Subsection (4)(d)(ii), responsible development of any recreation
6577     resources, including wildlife, roads, campgrounds, water resources, trails, OHV use,
6578     sightseeing, canyoneering, hunting, fishing, trapping, and hiking resources that may exist in
6579     these timber zones is compatible with the management priorities of Subsection (4)(d)(i) in
6580     these timber zones.
6581          (5) The state finds that the historic levels of timber, logging, and forest products
6582     activities in the zones described in Subsection (2) have greatly diminished, or are under serious
6583     threat, due to:
6584          (a) unreasonable, arbitrary, and unlawfully restrictive federal management policies,
6585     including:
6586          (i) de facto managing for wilderness in nonwilderness areas;
6587          (ii) ignoring the multiple use sustained yield mission of the Forest Service;
6588          (iii) ignoring the fact that the Forest Service's parent agency is the United States
6589     Department of Agriculture whose mission includes providing timber as an important

6590     agriculture resource; and
6591          (iv) the arbitrary administrative reductions in timber, logging, and forest products
6592     activities;
6593          (b) improper management of forest vegetation resulting in the overcrowding of old
6594     growth alpine species and the crowding out of aspen diversity, all of which results in:
6595          (i) devastation of entire mountainsides due to insect infestation and disease;
6596          (ii) reduced water yield;
6597          (iii) increased catastrophic wildfire;
6598          (iv) increased soil erosion;
6599          (v) degradation of wildlife habitat; and
6600          (vi) suppression and threatened extinction of important rural economic activities; and
6601          (c) other practices that degrade overall forest health.
6602          (6) To protect and preserve against the threats described in Subsection (5), the state
6603     supports the following with respect to the zones described in Subsection (2):
6604          (a) efficient and responsible development, within each timber zone, of:
6605          (i) robust timber thinning and harvesting programs and activities; and
6606          (ii) other uses compatible with increased timber, logging, and forest product activities,
6607     including a return to historic levels of timber, logging, and forest product activity in each of
6608     these zones;
6609          (b) a cooperative management approach by federal agencies, the state, and local
6610     governments to achieve broadly supported management plans for the full development, within
6611     each timber zone, of:
6612          (i) forest product resources; and
6613          (ii) other uses compatible with timber activities; and
6614          (c) effective and responsible management of wildlife habitat.
6615          (7) The state requests that the federal agencies that administer lands within each timber
6616     zone:

6617          (a) fully cooperate and coordinate with the state and the respective counties within
6618     which each timber zone is situated to develop, amend, and implement land and resource
6619     management plans and implement management decisions that are consistent with the purposes,
6620     goals, and policies described in this section to the maximum extent allowed under federal law;
6621          (b) expedite the processing, granting, and streamlining of logging and forest product
6622     harvesting permits, range improvements, and applications to enhance and otherwise develop
6623     existing and permitted timber resources located within each timber zone, including renewable
6624     vegetative resources;
6625          (c) expedite stewardship programs to allow private enterprise to carry out the timber,
6626     logging, and forest activities described in this section;
6627          (d) allow continued maintenance and increased development of roads, power lines,
6628     pipeline infrastructure, and other utilities necessary to achieve the goals, purposes, and policies
6629     described in this section and consistent with multiple use and sustained yield principles;
6630          (e) refrain from any planning decisions and management actions that will undermine,
6631     restrict, or diminish the goals, purposes, and policies for each timber zone as stated in this
6632     section; and
6633          (f) subject to Subsection (4)(d)(ii), refrain from implementing a policy that is contrary
6634     to the goals and purposes described within this section.
6635          (8) (a) The state recognizes the importance of all areas on BLM and Forest Service
6636     lands high value lumber and forest product resources but establishes the special Timber
6637     Agricultural Commodity Zones to provide special protection and preservation against the
6638     identified threats found in Subsection (5) to exist in these zones.
6639          (b) It is the intent of the Legislature to designate additional Timber Agricultural
6640     Commodity Zones in future years, if circumstances warrant special protection and preservation
6641     for new zones.
6642          (9) The state calls upon applicable federal, state, and local agencies to coordinate with
6643     each other and establish applicable intergovernmental standing commissions, with membership

6644     consisting of representatives from the United States government, the state, and local
6645     governments to coordinate and achieve consistency in planning decisions and management
6646     actions in the zones described in Subsection (2).
6647          (10) Notwithstanding the provisions of this section, and subject to Subsection
6648     (4)(d)(ii), the state's mineral, oil, gas, and energy policies, as well as its grazing policies, on
6649     land within zones described in Subsection (2), shall continue to be governed by Sections
6650     [63J-4-401] 63L-11-302, 63L-11-303, and 63J-8-104.
6651          Section 81. Section 63J-8-106 is amended to read:
6652          63J-8-106. County supported federal land use designation proposed in proposed
6653     congressional land use legislation -- Process for legislative review of proposed federal
6654     legislation land use within a county.
6655          (1) (a) Notwithstanding any other provision of this chapter, the Legislature may, in
6656     accordance with this section, recommend to the Utah congressional delegation proposed
6657     congressional land use legislation that is supported by a county.
6658          (b) A county that fails to comply with the requirements of this section may not
6659     communicate or otherwise represent in any way that a federal land use designation contained in
6660     proposed congressional land use legislation has the support or approval of the Legislature.
6661          (2) If a county supports a federal land use designation contained in proposed
6662     congressional land use legislation, the county shall:
6663          (a) prepare a report on the proposed congressional land use legislation in accordance
6664     with Subsection (3);
6665          (b) draft a concurrent resolution for a legislative committee's consideration, in
6666     accordance with Subsection (7)(a), in support of the proposed congressional land use
6667     legislation; and
6668          (c) subject to Subsection (4)(a), deliver the report and draft concurrent resolution to the
6669     office.
6670          (3) The report required in Subsection (2)(a) shall include:

6671          (a) a copy of the proposed congressional land use legislation;
6672          (b) a detailed description of the land or watercourse proposed for a federal land use
6673     designation, including:
6674          (i) the total acres of federal land proposed for a federal land use designation;
6675          (ii) (A) a map showing the location of the land or watercourse; and
6676          (B) the proposed type of federal land use designation for each location;
6677          (iii) a proposed land conveyance or land proposed for auction by the BLM, if any; and
6678          (iv) (A) school and institutional trust land, as defined in Section 53C-1-103, proposed
6679     for a land exchange, if any; and
6680          (B) whether the county has coordinated with SITLA on the proposed land exchange;
6681          (c) an explanation of whether a federal land use designation will assist in resolving
6682     long-standing public lands issues, such as wilderness disputes, economic development,
6683     recreational use, and access to public lands;
6684          (d) a narrative description of the economic, recreational, and cultural impacts, taken as
6685     a whole, on a county and the state that would occur if Congress adopted the proposed
6686     congressional land use legislation, including an impact on state revenues;
6687          (e) an account of actions, if any, proposed in a federal land use designation to minimize
6688     impacts on:
6689          (i) resource extraction activities occurring on the land or in the watercourse proposed
6690     for a federal land use designation, including mining and energy development; and
6691          (ii) motorized recreational use and public access;
6692          (f) a summary of potential benefits gained by the county and state if Congress adopts
6693     the proposed congressional land use legislation;
6694          (g) a description of the stakeholders and their positions on a federal land use
6695     designation;
6696          (h) whether land identified for a federal land use designation is BLM recommended
6697     wilderness;

6698          (i) an explanation of what the proposed congressional land use legislation proposes for
6699     federal land located in the county other than land identified for the federal land use designation;
6700          (j) (i) a description of the impact that, if adopted by Congress, the proposed
6701     congressional land use legislation would have on access to roads currently identified as part of
6702     an adopted county transportation plan as described in Section [63J-4-401] 63L-11-303; and
6703          (ii) if a federal land use designation proposes to close a road described in Subsection
6704     (3)(j)(i), an explanation for the road closure and a copy of the minutes of any county public
6705     hearing in which the proposed road closures were discussed and public comment was taken;
6706          (k) (i) a description of a proposed resolution for an R.S. 2477 right-of-way, if any,
6707     located within the area identified in a federal land use designation; and
6708          (ii) whether a proposed resolution described in Subsection (3)(k)(i) would include a
6709     quiet title action concerning an R.S. 2477 right-of-way;
6710          (l) an explanation of whether a federal land use designation proposes a hard release of
6711     all public lands and watercourses not included in the federal land use designation, placing the
6712     land and watercourses in multiple use management;
6713          (m) an explanation of whether a federal land use designation proposes a prohibition on
6714     further federal action under the Antiquities Act of 1906, 16 U.S.C. Sec. 431 et seq.;
6715          (n) a narrative description of a federal land use designation's interaction with, if any, a
6716     regional haze rule adopted by the United States Environmental Protection Agency;
6717          (o) an explanation of whether a federal land use designation would authorize best
6718     management practices as part of an active effort to control on the land or watercourse proposed
6719     for a federal land use designation:
6720          (i) wildfire;
6721          (ii) invasive species, including insects; and
6722          (iii) disease;
6723          (p) if applicable, a statement as to whether a federal land use designation would allow
6724     for the continuation of existing grazing permits;

6725          (q) a statement as to the presence or need of passive water management facilities or
6726     activities for livestock or wildlife, such as guzzlers or fencing, for the management of wildlife
6727     or livestock;
6728          (r) if a federal land use designation identifies land that has oil, gas, or mineral deposits,
6729     an explanation as to why the federal land use designation includes the land;
6730          (s) (i) a statement as to whether a federal land use designation:
6731          (A) affects land or a watercourse located exclusively within the county; or
6732          (B) affects, whether by an actual federal land use designation or by implication if a
6733     federal land use designation is adopted, land or a watercourse located in another county; and
6734          (ii) if the land use proposal would affect land or a watercourse located in another
6735     county, whether that county supports the proposed congressional land use legislation;
6736          (t) an explanation of whether a proposed land use designation designates land as
6737     wilderness in the National Wilderness Preservation System or designates land as a national
6738     conservation area that is not part of:
6739          (i) BLM recommended wilderness; or
6740          (ii) Forest Service land recommended for wilderness designation in RARE II; and
6741          (u) a statement explaining whether and to what extent members of Utah's congressional
6742     delegation and their staff were consulted in preparing the proposed congressional land use
6743     legislation and the federal land use designation contained therein.
6744          (4) (a) No later than 60 days before delivering a report and draft concurrent resolution
6745     in accordance with Subsection (2), a county shall contact and inform the office of the county's
6746     intention to prepare and deliver the report and draft concurrent resolution.
6747          (b) The office may give general guidance to a county described in Subsection (4)(a), as
6748     requested, as to compliance with this section.
6749          (5) The office shall prepare an evaluation of the county's report, including whether the
6750     county has addressed each matter described in Subsection (3).
6751          (6) The office shall deliver the evaluation described in Subsection (5), including a copy

6752     of the county's report, the proposed congressional land use legislation, and the draft concurrent
6753     resolution, no later than 30 days after receiving the county's report:
6754          (a) if the Legislature is not in session, and subject to Subsection (6)(b), to the chair of
6755     the Natural Resources, Agriculture, and Environment Interim Committee; or
6756          (b) if the Legislature is in session or there are no scheduled meetings of the Natural
6757     Resources, Agriculture, and Environment Interim Committee before the beginning of the next
6758     legislative session, to the chair of either the House Natural Resources, Agriculture, and
6759     Environment Committee or the Senate Natural Resources, Agriculture, and Environment
6760     Committee.
6761          (7) (a) At a committee's next scheduled meeting after receiving a report, the draft
6762     concurrent resolution, and a copy of the proposed congressional land use legislation, the
6763     committee shall:
6764          (i) review:
6765          (A) the county's report;
6766          (B) the draft concurrent resolution, if the concurrent resolution has a legislative
6767     sponsor; and
6768          (C) the office's evaluation;
6769          (ii) if the draft concurrent resolution is presented to the committee, consider whether to
6770     approve or reject the draft concurrent resolution;
6771          (iii) if the draft concurrent resolution is rejected, provide direction to the county as to
6772     the reasons the resolution was rejected and the actions that the county might take to secure
6773     committee approval of the resolution; and
6774          (iv) take any additional action the committee finds necessary.
6775          (b) A legislative committee may not accept for review a county-supported federal land
6776     use designation contained in proposed congressional land use legislation that does not meet the
6777     requirements of this section.
6778          (8) (a) If the committee rejects the draft concurrent resolution, a county may resubmit a

6779     revised report and draft concurrent resolution to the office in accordance with the terms of this
6780     section.
6781          (b) Upon receipt of a revised report and draft concurrent resolution, the office shall
6782     comply with the procedures set forth in this section.
6783          (c) Upon receipt of a revised report, evaluation, and draft concurrent resolution by the
6784     office, a committee described in Subsection (6) shall comply with the procedures set forth in
6785     this section.
6786          (9) The governor may call a special session to consider the concurrent resolution
6787     presented to and approved by a committee described in Subsection (7)(a).
6788          (10) If a concurrent resolution described in this section is adopted by the Legislature
6789     and signed by the governor, the Office of the Governor shall forward a copy of the concurrent
6790     resolution, the county's report, and the proposed congressional land use legislation to Utah's
6791     congressional delegation.
6792          Section 82. Section 63L-2-301 is amended to read:
6793          63L-2-301. Promoting or lobbying for a federal designation within the state.
6794          (1) As used in this section:
6795          (a) "Federal designation" means the designation of a:
6796          (i) national monument;
6797          (ii) national conservation area;
6798          (iii) wilderness area or wilderness study area;
6799          (iv) area of critical environmental concern;
6800          (v) research natural area; or
6801          (vi) national recreation area.
6802          (b) (i) "Governmental entity" means:
6803          (A) a state-funded institution of higher education or public education;
6804          (B) a political subdivision of the state;
6805          (C) an office, agency, board, bureau, committee, department, advisory board, or

6806     commission that the government funds or establishes to carry out the public's business,
6807     regardless of whether the office, agency board, bureau, committee, department, advisory board,
6808     or commission is composed entirely of public officials or employees;
6809          (D) an interlocal entity as defined in Section 11-13-103 or a joint or cooperative
6810     undertaking as defined in Section 11-13-103;
6811          (E) a governmental nonprofit corporation as defined in Section 11-13a-102; or
6812          (F) an association as defined in Section 53G-7-1101.
6813          (ii) "Governmental entity" does not mean:
6814          (A) the School and Institutional Trust Lands Administration created in Section
6815     53C-1-201;
6816          (B) the School and Institutional Trust Lands Board of Trustees created in Section
6817     53C-1-202;
6818          (C) the Office of the Governor;
6819          (D) the Governor's Office of [Management] Planning and Budget created in Section
6820     63J-4-201;
6821          (E) the Public Lands Policy Coordinating Office created in Section [63J-4-602]
6822     63L-11-201;
6823          (F) the Office of Energy Development created in Section 63M-4-401; or
6824          (G) the Governor's Office of Economic Development created in Section 63N-1-201,
6825     including the Office of Tourism and the Utah Office of Outdoor Recreation created in Section
6826     63N-9-104.
6827          (2) (a) A governmental entity, or a person a governmental entity employs and
6828     designates as a representative, may investigate the possibility of a federal designation within
6829     the state.
6830          (b) A governmental entity that intends to advocate for a federal designation within the
6831     state shall:
6832          (i) notify the chairs of the following committees before the introduction of federal

6833     legislation:
6834          (A) the Natural Resources, Agriculture, and Environment Interim Committee, if
6835     constituted, and the Federalism Commission; or
6836          (B) if the notice is given during a General Session, the House and Senate Natural
6837     Resources, Agriculture, and Environment Standing Committees; and
6838          (ii) upon request of the chairs, meet with the relevant committee to review the proposal.
6839          (3) This section does not apply to a political subdivision supporting a federal
6840     designation if the federal designation:
6841          (a) applies to 5,000 acres or less; and
6842          (b) has an economical or historical benefit to the political subdivision.
6843          Section 83. Section 63L-10-102 is amended to read:
6844          63L-10-102. Definitions.
6845          As used in this chapter:
6846          (1) "Commission" means the Federalism Commission.
6847          (2) "Office" means the Public Lands Policy Coordinating Office established in Section
6848     [63J-4-602] 63L-11-201.
6849          (3) "Plan" means the statewide resource management plan, created pursuant to Section
6850     [63J-4-607] 63L-11-203 and adopted in Section 63L-10-103.
6851          (4) "Public lands" means:
6852          (a) land other than a national park that is managed by the United States Parks Service;
6853          (b) land that is managed by the United States Forest Service; and
6854          (c) land that is managed by the Bureau of Land Management.
6855          Section 84. Section 63L-11-101 is enacted to read:
6856     
CHAPTER 11. PUBLIC LANDS PLANNING

6857     
Part 1. General Provisions

6858          63L-11-101. Title.
6859          This chapter is known as "Public Lands Planning."

6860          Section 85. Section 63L-11-102, which is renumbered from Section 63J-4-601 is
6861     renumbered and amended to read:
6862          [63J-4-601].      63L-11-102. Definitions.
6863          As used in this [part] chapter:
6864          (1) "Coordinating committee" means the committee created in Section 63L-11-401.
6865          [(1) "Coordinator"] (2) "Executive director" means the public lands policy
6866     [coordinator] executive director appointed [in this part] under Section 63L-11-201.
6867          [(2)] (3) "Office" means the Public Lands Policy Coordinating Office created [by this
6868     part] in Section 63L-11-201.
6869          [(3)] (4) "Political subdivision" means:
6870          (a) a county, municipality, local district, special service district, school district, or
6871     interlocal [cooperation agreement entity, or any] entity, as defined in Section 11-13-103; or
6872          (b) an administrative subunit of [them] an entity listed in Subsection (4)(a).
6873          [(4) "State planning coordinator" means the person appointed under Subsection
6874     63J-4-202(1)(a)(ii).]
6875          Section 86. Section 63L-11-103 is enacted to read:
6876          63L-11-103. Interrelationship with other law.
6877          (1) Notwithstanding any provision of Section 63J-8-105.5, the state is committed to
6878     establishing and administering an effective statewide conservation strategy for greater sage
6879     grouse.
6880          (2) Nothing in this chapter may be construed to restrict or supersede the planning
6881     powers conferred upon departments, agencies, instrumentalities, or advisory councils of the
6882     state or the planning powers conferred upon political subdivisions by any other existing law.
6883          (3) Nothing in this chapter may be construed to affect any lands withdrawn from the
6884     public domain for military purposes to be administered by the United States Army, Air Force,
6885     or Navy.
6886          Section 87. Section 63L-11-201, which is renumbered from Section 63J-4-602 is

6887     renumbered and amended to read:
6888     
Part 2. Public Lands Policy Coordinating Office

6889          [63J-4-602].      63L-11-201. Public Lands Policy Coordinating Office --
6890     Executive director -- Appointment -- Qualifications -- Compensation.
6891          (1) There is created within [state government] the Department of Natural Resources the
6892     Public Lands Policy Coordinating Office[. The office shall] to be administered by [a public
6893     lands policy coordinator] an executive director.
6894          (2) The [coordinator] executive director shall be appointed by the governor with the
6895     advice and consent of the Senate and shall serve at the pleasure of the governor.
6896          (3) The [coordinator] executive director shall have demonstrated the necessary
6897     administrative and professional ability through education and experience to efficiently and
6898     effectively manage the office's affairs.
6899          (4) (a) The [coordinator] executive director and employees of the office shall receive
6900     compensation as provided in Title 67, Chapter 19, Utah State Personnel Management Act.
6901          (b) The office space for the executive director and employees of the office shall be in a
6902     building where the Department of Natural Resources is located.
6903          Section 88. Section 63L-11-202, which is renumbered from Section 63J-4-603 is
6904     renumbered and amended to read:
6905          [63J-4-603].      63L-11-202. Powers and duties of the office and executive
6906     director.
6907          (1) The [coordinator and the] office shall:
6908          (a) make a report to the Constitutional Defense Council created under Section
6909     63C-4a-202 concerning R.S. 2477 rights and other public lands issues under Title 63C, Chapter
6910     4a, Constitutional and Federalism Defense Act;
6911          (b) provide staff assistance to the Constitutional Defense Council created under Section
6912     63C-4a-202 for meetings of the council;
6913          (c) (i) prepare and submit a constitutional defense plan under Section 63C-4a-403; and

6914          (ii) execute any action assigned in a constitutional defense plan;
6915          (d) [under the direction of the state planning coordinator, assist in fulfilling the state
6916     planning coordinator's duties outlined in Section 63J-4-401 as those duties relate to the
6917     development of] develop public lands policies by:
6918          (i) developing cooperative contracts and agreements between the state, political
6919     subdivisions, and agencies of the federal government for involvement in the development of
6920     public lands policies;
6921          (ii) producing research, documents, maps, studies, analysis, or other information that
6922     supports the state's participation in the development of public lands policy;
6923          (iii) preparing comments to ensure that the positions of the state and political
6924     subdivisions are considered in the development of public lands policy; and
6925          (iv) partnering with state agencies and political subdivisions in an effort to:
6926          (A) prepare coordinated public lands policies;
6927          (B) develop consistency reviews and responses to public lands policies;
6928          (C) develop management plans that relate to public lands policies; and
6929          (D) develop and maintain a statewide land use plan that is based on cooperation and in
6930     conjunction with political subdivisions; [and]
6931          [(v) providing other information or services related to public lands policies as
6932     requested by the state planning coordinator;]
6933          (e) facilitate and coordinate the exchange of information, comments, and
6934     recommendations on public lands policies between and among:
6935          (i) state agencies;
6936          (ii) political subdivisions;
6937          (iii) the Office of Rural Development created under Section 63N-4-102;
6938          (iv) the [Resource Development Coordinating Committee created under Section
6939     63J-4-501] coordinating committee;
6940          (v) School and Institutional Trust Lands Administration created under Section

6941     53C-1-201;
6942          (vi) the committee created under Section 63F-1-508 to award grants to counties to
6943     inventory and map R.S. 2477 rights-of-way, associated structures, and other features; and
6944          (vii) the Constitutional Defense Council created under Section 63C-4a-202;
6945          (f) perform the duties established in Title 9, Chapter 8, Part 3, Antiquities, and Title 9,
6946     Chapter 8, Part 4, Historic Sites;
6947          (g) consistent with other statutory duties, encourage agencies to responsibly preserve
6948     archaeological resources;
6949          (h) maintain information concerning grants made under Subsection (1)(j), if available;
6950          (i) report annually, or more often if necessary or requested, concerning the office's
6951     activities and expenditures to:
6952          (i) the Constitutional Defense Council; and
6953          (ii) the Legislature's Natural Resources, Agriculture, and Environment Interim
6954     Committee jointly with the Constitutional Defense Council;
6955          (j) make grants of up to 16% of the office's total annual appropriations from the
6956     Constitutional Defense Restricted Account to a county or statewide association of counties to
6957     be used by the county or association of counties for public lands matters if the [coordinator]
6958     executive director, with the advice of the Constitutional Defense Council, determines that the
6959     action provides a state benefit;
6960          (k) provide staff services to the Snake Valley Aquifer Advisory Council created in
6961     Section 63C-12-103;
6962          (l) coordinate and direct the Snake Valley Aquifer Research Team created in Section
6963     63C-12-107;
6964          (m) conduct the public lands transfer study and economic analysis required by Section
6965     [63J-4-606] 63L-11-304; and
6966          (n) fulfill the duties described in Section 63L-10-103.
6967          (2) The [coordinator and office] executive director shall comply with Subsection

6968     63C-4a-203(8) before submitting a comment to a federal agency, if the governor would be
6969     subject to Subsection 63C-4a-203(8) [if the governor were] in submitting the [material]
6970     comment.
6971          [(3) The office may enter into a contract or other agreement with another state agency
6972     to provide information and services related to:]
6973          [(a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and
6974     Classification Act;]
6975          [(b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and
6976     Classification Act, or R.S. 2477 matters; or]
6977          [(c) any other matter within the office's responsibility.]
6978          (3) The office may enter into an agreement with another state agency to provide
6979     information and services related to:
6980          (a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and
6981     Classification Act;
6982          (b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and
6983     Classification Act, or R.S. 2477 matters; or
6984          (c) any other matter within the office's responsibility.
6985          (4) In fulfilling the duties under this part, the office shall consult, as necessary, with:
6986          (a) the Department of Natural Resources;
6987          (b) the Department of Agriculture and Food;
6988          (c) the Department of Environmental Quality;
6989          (d) other applicable state agencies;
6990          (e) political subdivisions of the state;
6991          (f) federal land management agencies; and
6992          (g) elected officials.
6993          Section 89. Section 63L-11-203, which is renumbered from Section 63J-4-607 is
6994     renumbered and amended to read:

6995          [63J-4-607].      63L-11-203. Resource management plan administration.
6996          (1) The office shall consult with the Federalism Commission before expending funds
6997     appropriated by the Legislature for the implementation of this section.
6998          (2) To the extent that the Legislature appropriates sufficient funding, the office may
6999     procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
7000     Procurement Code, to assist the office with the office's responsibilities described in Subsection
7001     (3).
7002          (3) The office shall:
7003          (a) assist each county with the creation of the county's resource management plan by:
7004          (i) consulting with the county on policy and legal issues related to the county's resource
7005     management plan; and
7006          (ii) helping the county ensure that the county's resource management plan meets the
7007     requirements of Subsection 17-27a-401(3);
7008          (b) promote quality standards among all counties' resource management plans; and
7009          (c) upon submission by a county, review and verify the county's:
7010          (i) estimated cost for creating a resource management plan; and
7011          (ii) actual cost for creating a resource management plan.
7012          (4) (a) A county shall cooperate with the office, or an entity procured by the office
7013     under Subsection (2), with regards to the office's responsibilities under Subsection (3).
7014          (b) To the extent that the Legislature appropriates sufficient funding, the office may, in
7015     accordance with Subsection (4)(c), provide funding to a county before the county completes a
7016     resource management plan.
7017          (c) The office may provide pre-completion funding described in Subsection (4)(b):
7018          (i) after:
7019          (A) the county submits an estimated cost for completing the resource management plan
7020     to the office; and
7021          (B) the office reviews and verifies the estimated cost in accordance with Subsection

7022     (3)(c)(i); and
7023          (ii) in an amount up to:
7024          (A) 50% of the estimated cost of completing the resource management plan, verified
7025     by the office; or
7026          (B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
7027          (d) To the extent that the Legislature appropriates sufficient funding, the office shall
7028     provide funding to a county in the amount described in Subsection (4)(e) after:
7029          (i) a county's resource management plan:
7030          (A) meets the requirements described in Subsection 17-27a-401(3); and
7031          (B) is adopted under Subsection 17-27a-404(5)(d);
7032          (ii) the county submits the actual cost of completing the resource management plan to
7033     the office; and
7034          (iii) the office reviews and verifies the actual cost in accordance with Subsection
7035     (3)(c)(ii).
7036          (e) The office shall provide funding to a county under Subsection (4)(d) in an amount
7037     equal to the difference between:
7038          (i) the lesser of:
7039          (A) the actual cost of completing the resource management plan, verified by the office;
7040     or
7041          (B) $50,000; and
7042          (ii) the amount of any pre-completion funding that the county received under
7043     Subsections (4)(b) and (c).
7044          (5) To the extent that the Legislature appropriates sufficient funding, after the deadline
7045     established in Subsection 17-27a-404(5)(d) for a county to adopt a resource management plan,
7046     the office shall:
7047          (a) obtain a copy of each county's resource management plan;
7048          (b) create a statewide resource management plan that:

7049          (i) meets the same requirements described in Subsection 17-27a-401(3); and
7050          (ii) to the extent reasonably possible, coordinates and is consistent with any resource
7051     management plan or land use plan established under Chapter 8, State of Utah Resource
7052     Management Plan for Federal Lands; and
7053          (c) submit a copy of the statewide resource management plan to the Federalism
7054     Commission for review.
7055          (6) Following review of the statewide resource management plan, the Federalism
7056     Commission shall prepare a concurrent resolution approving the statewide resource
7057     management plan for consideration during the 2018 General Session.
7058          (7) To the extent that the Legislature appropriates sufficient funding, the office shall
7059     provide legal support to a county that becomes involved in litigation with the federal
7060     government over the requirements of Subsection 17-27a-405(3).
7061          (8) After the statewide resource management plan is approved, as described in
7062     Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office
7063     shall monitor the implementation of the statewide resource management plan at the federal,
7064     state, and local levels.
7065          Section 90. Section 63L-11-301 is enacted to read:
7066     
Part 3. Office Duties Related to Federal Land

7067          63L-11-301. Office duties relating to plans for the management of federal land.
7068          (1) (a) In preparing or assisting in the preparation of plans, policies, programs, or
7069     processes related to the management or use of federal land or natural resources on federal land
7070     in the state, the office shall:
7071          (i) incorporate the plans, policies, programs, processes, and desired outcomes of the
7072     counties where the federal lands or natural resources are located, to the maximum extent
7073     consistent with state and federal law, subject to Subsection (1)(b);
7074          (ii) identify inconsistencies or conflicts between the plans, policies, programs,
7075     processes, and desired outcomes prepared under Subsection (1)(a)(i) and the plans, programs,

7076     processes, and desired outcomes of local government as early in the preparation process as
7077     possible, and seek resolution of the inconsistencies through meetings or other conflict
7078     resolution mechanisms involving the necessary and immediate parties to the inconsistency or
7079     conflict;
7080          (iii) present to the governor the nature and scope of any inconsistency or other conflict
7081     that is not resolved under the procedures in Subsection (1)(a)(i) for the governor's decision
7082     about the position of the state concerning the inconsistency or conflict;
7083          (iv) develop, research, and use factual information, legal analysis, and statements of
7084     desired future condition for the state, or subregion of the state, as necessary to support the
7085     plans, policies, programs, processes, and desired outcomes of the state and the counties where
7086     the federal lands or natural resources are located;
7087          (v) establish and coordinate agreements between the state and federal land management
7088     agencies, federal natural resource management agencies, and federal natural resource
7089     regulatory agencies to facilitate state and local participation in the development, revision, and
7090     implementation of land use plans, guidelines, regulations, other instructional memoranda, or
7091     similar documents proposed or promulgated for lands and natural resources administered by
7092     federal agencies; and
7093          (vi) work in conjunction with political subdivisions to establish agreements with
7094     federal land management agencies, federal natural resource management agencies, and federal
7095     natural resource regulatory agencies to provide a process for state and local participation in the
7096     preparation of, or coordinated state and local response to, environmental impact analysis
7097     documents and similar documents prepared pursuant to law by state or federal agencies.
7098          (b) The requirement in Subsection (1)(a)(i) may not be interpreted to infringe upon the
7099     authority of the governor.
7100          (2) The office shall cooperate with and work in conjunction with appropriate state
7101     agencies and political subdivisions to develop policies, plans, programs, processes, and desired
7102     outcomes authorized by this section by coordinating the development of positions:

7103          (a) through the coordinating committee;
7104          (b) in conjunction with local government officials concerning general local government
7105     plans; and
7106          (c) by soliciting public comment through the coordinating committee.
7107          Section 91. Section 63L-11-302 is enacted to read:
7108          63L-11-302. Principles to be recognized and promoted.
7109          The office shall recognize and promote the following principles when preparing any
7110     policies, plans, programs, processes, or desired outcomes relating to federal lands and natural
7111     resources on federal lands under Section 63L-11-301:
7112          (1) (a) the citizens of the state are best served by applying multiple-use and
7113     sustained-yield principles in public land use planning and management; and
7114          (b) multiple-use and sustained-yield management means that federal agencies should
7115     develop and implement management plans and make other resource-use decisions that:
7116          (i) achieve and maintain in perpetuity a high-level annual or regular periodic output of
7117     mineral and various renewable resources from public lands;
7118          (ii) support valid existing transportation, mineral, and grazing privileges at the highest
7119     reasonably sustainable levels;
7120          (iii) support the specific plans, programs, processes, and policies of state agencies and
7121     local governments;
7122          (iv) are designed to produce and provide the desired vegetation for the watersheds,
7123     timber, food, fiber, livestock forage, wildlife forage, and minerals that are necessary to meet
7124     present needs and future economic growth and community expansion without permanent
7125     impairment of the productivity of the land;
7126          (v) meet the recreational needs and the personal and business-related transportation
7127     needs of the citizens of the state by providing access throughout the state;
7128          (vi) meet the recreational needs of the citizens of the state;
7129          (vii) meet the needs of wildlife;

7130          (viii) provide for the preservation of cultural resources, both historical and
7131     archaeological;
7132          (ix) meet the needs of economic development;
7133          (x) meet the needs of community development; and
7134          (xi) provide for the protection of water rights;
7135          (2) managing public lands for wilderness characteristics circumvents the statutory
7136     wilderness process and is inconsistent with the multiple-use and sustained-yield management
7137     standard that applies to all Bureau of Land Management and United States. Forest Service
7138     lands that are not wilderness areas or wilderness study areas;
7139          (3) all waters of the state are:
7140          (a) owned exclusively by the state in trust for the state's citizens;
7141          (b) are subject to appropriation for beneficial use; and
7142          (c) are essential to the future prosperity of the state and the quality of life within the
7143     state;
7144          (4) the state has the right to develop and use the state's entitlement to interstate rivers;
7145          (5) all water rights desired by the federal government must be obtained through the
7146     state water appropriation system;
7147          (6) land management and resource-use decisions which affect federal lands should give
7148     priority to and support the purposes of the compact between the state and the United States
7149     related to school and institutional trust lands;
7150          (7) development of the solid, fluid, and gaseous mineral resources of the state is an
7151     important part of the economy of the state, and of local regions within the state;
7152          (8) the state should foster and support industries that take advantage of the state's
7153     outstanding opportunities for outdoor recreation;
7154          (9) wildlife constitutes an important resource and provides recreational and economic
7155     opportunities for the state's citizens;
7156          (10) proper stewardship of the land and natural resources is necessary to ensure the

7157     health of the watersheds, timber, forage, and wildlife resources to provide for a continuous
7158     supply of resources for the people of the state and the people of the local communities who
7159     depend on these resources for a sustainable economy;
7160          (11) forests, rangelands, timber, and other vegetative resources:
7161          (a) provide forage for livestock;
7162          (b) provide forage and habitat for wildlife;
7163          (c) provide resources for the state's timber and logging industries;
7164          (d) contribute to the state's economic stability and growth; and
7165          (e) are important for a wide variety of recreational pursuits;
7166          (12) management programs and initiatives that improve watersheds and forests and
7167     increase forage for the mutual benefit of wildlife species and livestock, logging, and other
7168     agricultural industries by utilizing proven techniques and tools are vital to the state's economy
7169     and the quality of life in the state; and
7170          (13) (a) land management plans, programs, and initiatives should provide that the
7171     amount of domestic livestock forage, expressed in animal unit months, for permitted, active
7172     use as well as the wildlife forage included in that amount, be no less than the maximum
7173     number of animal unit months sustainable by range conditions in grazing allotments and
7174     districts, based on an on-the-ground and scientific analysis;
7175          (b) the state opposes the relinquishment or retirement of grazing animal unit months in
7176     favor of conservation, wildlife, and other uses;
7177          (c) (i) the state favors the best management practices that are jointly sponsored by
7178     cattlemen, sportsmen, and wildlife management groups such as chaining, logging, seeding,
7179     burning, and other direct soil and vegetation prescriptions that are demonstrated to restore
7180     forest and rangeland health, increase forage, and improve watersheds in grazing districts and
7181     allotments for the benefit of domestic livestock and wildlife;
7182          (ii) when practices described in Subsection (13)(c)(i) increase a grazing allotment's
7183     forage beyond the total permitted forage use that was allocated to that allotment in the last

7184     federal land use plan or allotment management plan still in existence as of January 1, 2005, a
7185     reasonable and fair portion of the increase in forage beyond the previously allocated total
7186     permitted use should be allocated to wildlife as recommended by a joint, evenly balanced
7187     committee of livestock and wildlife representatives that is appointed and constituted by the
7188     governor for that purpose; and
7189          (iii) the state favors quickly and effectively adjusting wildlife population goals and
7190     population census numbers in response to variations in the amount of available forage caused
7191     by drought or other climatic adjustments, and state agencies responsible for managing wildlife
7192     population goals and population census numbers will, when making those adjustments, give
7193     due regard to both the needs of the livestock industry and the need to prevent the decline of
7194     species to a point of listing under the terms of the Endangered Species Act;
7195          (d) the state opposes the transfer of grazing animal unit months to wildlife for
7196     supposed reasons of rangeland health;
7197          (e) reductions in domestic livestock animal unit months must be temporary and
7198     scientifically based upon rangeland conditions;
7199          (f) policies, plans, programs, initiatives, resource management plans, and forest plans
7200     may not allow the placement of grazing animal unit months in a suspended use category unless
7201     there is a rational and scientific determination that the condition of the rangeland allotment or
7202     district in question will not sustain the animal unit months sought to be placed in suspended
7203     use;
7204          (g) any grazing animal unit months that are placed in a suspended use category should
7205     be returned to active use when range conditions improve;
7206          (h) policies, plans, programs, and initiatives related to vegetation management should
7207     recognize and uphold the preference for domestic grazing over alternate forage uses in
7208     established grazing districts while upholding management practices that optimize and expand
7209     forage for grazing and wildlife in conjunction with state wildlife management plans and
7210     programs in order to provide maximum available forage for all uses; and

7211          (i) in established grazing districts, animal unit months that have been reduced due to
7212     rangeland health concerns should be restored to livestock when rangeland conditions improve,
7213     and should not be converted to wildlife use.
7214          Section 92. Section 63L-11-303 is enacted to read:
7215          63L-11-303. Findings to be recognized and promoted.
7216          The office shall recognize and promote the following findings in the preparation of any
7217     policies, plans, programs, processes, or desired outcomes under Section 63L-11-301 relating to
7218     federal lands and natural resources on federal lands:
7219          (1) as a coholder of R.S. 2477 rights-of-way with the counties, the state supports the
7220     state's recognition by the federal government and the public use of R.S. 2477 rights-of-way and
7221     urges the federal government to fully recognize the rights-of-way and their use by the public as
7222     expeditiously as possible;
7223          (2) it is the policy of the state to use reasonable administrative and legal measures to
7224     protect and preserve valid existing rights-of-way granted by Congress under R.S. 2477, and to
7225     support and work in conjunction with counties to redress cases where R.S. 2477 rights-of-way
7226     are not recognized or are impaired;
7227          (3) transportation and access routes to and across federal lands, including all
7228     rights-of-way vested under R.S. 2477, are vital to the state's economy and to the quality of life
7229     in the state, and must provide, at a minimum, a network of roads throughout the resource
7230     planning area that provides for:
7231          (a) movement of people, goods, and services across public lands;
7232          (b) reasonable access to a broad range of resources and opportunities throughout the
7233     resource planning area, including:
7234          (i) livestock operations and improvements;
7235          (ii) solid, fluid, and gaseous mineral operations;
7236          (iii) recreational opportunities and operations, including motorized and nonmotorized
7237     recreation;

7238          (iv) search and rescue needs;
7239          (v) public safety needs; and
7240          (vi) access for transportation of wood products to market;
7241          (c) access to federal lands for people with disabilities and the elderly; and
7242          (d) access to state lands and school and institutional trust lands to accomplish the
7243     purposes of those lands;
7244          (4) the state's support for the addition of a river segment to the National Wild and
7245     Scenic Rivers System, 16 U.S.C. Sec. 1271 et seq., will be withheld until:
7246          (a) it is clearly demonstrated that water is present and flowing at all times;
7247          (b) it is clearly demonstrated that the required water-related value is considered
7248     outstandingly remarkable within a region of comparison consisting of one of the three
7249     physiographic provinces in the state, and that the rationale and justification for the conclusions
7250     are disclosed;
7251          (c) it is clearly demonstrated that the inclusion of each river segment is consistent with
7252     the plans and policies of the state and the county or counties where the river segment is located
7253     as those plans and policies are developed according to Subsection (3);
7254          (d) the effects of the addition upon the local and state economies, agricultural and
7255     industrial operations and interests, outdoor recreation, water rights, water quality, water
7256     resource planning, and access to and across river corridors in both upstream and downstream
7257     directions from the proposed river segment have been evaluated in detail by the relevant federal
7258     agency;
7259          (e) it is clearly demonstrated that the provisions and terms of the process for review of
7260     potential additions have been applied in a consistent manner by all federal agencies;
7261          (f) the rationale and justification for the proposed addition, including a comparison
7262     with protections offered by other management tools, is clearly analyzed within the multiple-use
7263     mandate, and the results disclosed;
7264          (g) it is clearly demonstrated that the federal agency that has management authority

7265     over the river segment and that is proposing the segment for inclusion in the National Wild and
7266     Scenic River System will not use the actual or proposed designation as a basis to impose
7267     management standards outside of the federal land management plan;
7268          (h) it is clearly demonstrated that the federal land and resource management plan
7269     containing a recommendation for inclusion in the National Wild and Scenic River System:
7270          (i) evaluates all eligible river segments in the resource planning area completely and
7271     fully for suitability for inclusion in the National Wild and Scenic River System;
7272          (ii) does not suspend or terminate any studies for inclusion in the National Wild and
7273     Scenic River System at the eligibility phase;
7274          (iii) fully disclaims any interest in water rights for the recommended segment as a
7275     result of the adoption of the plan; and
7276          (iv) fully disclaims the use of the recommendation for inclusion in the National Wild
7277     and Scenic River System as a reason or rationale for an evaluation of impacts by proposals for
7278     projects upstream, downstream, or within the recommended segment;
7279          (i) it is clearly demonstrated that the agency with management authority over the river
7280     segment commits not to use an actual or proposed designation as a basis to impose Visual
7281     Resource Management Class I or II management prescriptions that do not comply with the
7282     provisions of Subsection (24); and
7283          (j) it is clearly demonstrated that including the river segment and the terms and
7284     conditions for managing the river segment as part of the National Wild and Scenic River
7285     System will not prevent, reduce, impair, or otherwise interfere with:
7286          (i) the enjoyment of the state and the state's citizens of complete and exclusive water
7287     rights in and to the rivers of the state as determined by the laws of the state; or
7288          (ii) local, state, regional, or interstate water compacts to which the state or any county
7289     is a party;
7290          (5) the conclusions of all studies related to potential additions to the National Wild and
7291     Scenic River System, 16 U.S.C. Sec. 1271 et seq., are submitted to the state for review and

7292     action by the Legislature and governor, and the results, in support of or in opposition to, are
7293     included in any planning documents or other proposals for addition and are forwarded to the
7294     United States Congress;
7295          (6) the state's support for designation of an Area of Critical Environmental Concern
7296     (ACEC), as defined in 43 U.S.C. Sec. 1702, within federal land management plans will be
7297     withheld until:
7298          (a) it is clearly demonstrated that the proposed area satisfies all the definitional
7299     requirements of the Federal Land Policy and Management Act of 1976, 43 U.S.C. Sec.
7300     1702(a);
7301          (b) it is clearly demonstrated that:
7302          (i) the area proposed for designation as an ACEC is limited in geographic size; and
7303          (ii) the proposed management prescriptions are limited in scope to the minimum
7304     necessary to specifically protect and prevent irreparable damage to the relevant and important
7305     values identified, or limited in geographic size and management prescriptions to the minimum
7306     required to specifically protect human life or safety from natural hazards;
7307          (c) it is clearly demonstrated that the proposed area is limited only to areas that are
7308     already developed or used or to areas where no development is required;
7309          (d) it is clearly demonstrated that the proposed area contains relevant and important
7310     historic, cultural or scenic values, fish or wildlife resources, or natural processes which are
7311     unique or substantially significant on a regional basis, or contain natural hazards which
7312     significantly threaten human life or safety;
7313          (e) the federal agency has analyzed regional values, resources, processes, or hazards for
7314     irreparable damage and potential causes of the damage resulting from potential actions which
7315     are consistent with the multiple-use, sustained-yield principles, and the analysis describes the
7316     rationale for any special management attention required to protect, or prevent irreparable
7317     damage to, the values, resources, processes, or hazards;
7318          (f) it is clearly demonstrated that the proposed designation is consistent with the plans

7319     and policies of the state and of the county where the proposed designation is located as those
7320     plans and policies are developed according to Subsection (3);
7321          (g) it is clearly demonstrated that the proposed ACEC designation will not be applied
7322     redundantly over existing protections provided by other state and federal laws for federal lands
7323     or resources on federal lands, and that the federal statutory requirement for special management
7324     attention for a proposed ACEC will discuss and justify any management requirements needed
7325     in addition to those specified by the other state and federal laws;
7326          (h) the difference between special management attention required for an ACEC and
7327     normal multiple-use management has been identified and justified, and any determination of
7328     irreparable damage has been analyzed and justified for short-term and long-term horizons;
7329          (i) it is clearly demonstrated that the proposed designation:
7330          (i) is not a substitute for a wilderness suitability recommendation;
7331          (ii) is not a substitute for managing areas inventoried for wilderness characteristics
7332     after 1993 under the Bureau of Land Management interim management plan for valid
7333     wilderness study areas; and
7334          (iii) it is not an excuse or justification to apply de facto wilderness management
7335     standards; and
7336          (j) the conclusions of all studies are submitted to the state, as a cooperating agency, for
7337     review, and the results, in support of or in opposition to, are included in all planning
7338     documents;
7339          (7) sufficient federal lands are made available for government-to-government
7340     exchanges of school and institutional trust lands and federal lands without regard for a
7341     resource-to-resource correspondence between the surface or mineral characteristics of the
7342     offered trust lands and the offered federal lands;
7343          (8) federal agencies should support government-to-government exchanges of land with
7344     the state based on a fair process of valuation which meets the fiduciary obligations of both the
7345     state and federal governments toward trust lands management, and which assures that revenue

7346     authorized by federal statute to the state from mineral or timber production, present or future, is
7347     not diminished in any manner during valuation, negotiation, or implementation processes;
7348          (9) agricultural and grazing lands should continue to produce the food and fiber needed
7349     by the citizens of the state and the nation, and the rural character and open landscape of rural
7350     Utah should be preserved through a healthy and active agricultural and grazing industry,
7351     consistent with private property rights and state fiduciary duties;
7352          (10) (a) the resources of the forests and rangelands of the state should be integrated as
7353     part of viable, robust, and sustainable state and local economies;
7354          (b) available forage should be evaluated for the full complement of herbivores the
7355     rangelands can support in a sustainable manner;
7356          (c) forests should contain a diversity of timber species; and
7357          (d) disease or insect infestations in forests should be controlled using logging or other
7358     best management practices;
7359          (11) the state opposes any additional evaluation of national forest service lands as
7360     roadless or unroaded beyond the forest service's second roadless area review evaluation and
7361     opposes efforts by agencies to specially manage those areas in a way that:
7362          (a) closes or declassifies existing roads unless multiple side-by-side roads exist running
7363     to the same destination and state and local governments consent to close or declassify the extra
7364     roads;
7365          (b) permanently bars travel on existing roads;
7366          (c) excludes or diminishes traditional multiple-use activities, including grazing and
7367     proper forest harvesting;
7368          (d) interferes with the enjoyment and use of valid, existing rights, including water
7369     rights, local transportation plan rights, R.S. 2477 rights, grazing allotment rights, and mineral
7370     leasing rights; or
7371          (e) prohibits development of additional roads reasonably necessary to pursue
7372     traditional multiple-use activities;

7373          (12) the state's support for any forest plan revision or amendment will be withheld until
7374     the appropriate plan revision or plan amendment clearly demonstrates that:
7375          (a) established roads are not referred to as unclassified roads or a similar classification;
7376          (b) lands in the vicinity of established roads are managed under the multiple-use,
7377     sustained-yield management standard; and
7378          (c) no roadless or unroaded evaluations or inventories are recognized or upheld beyond
7379     those that were recognized or upheld in the forest service's second roadless area review
7380     evaluation;
7381          (13) the state's support for any recommendations made under the statutory requirement
7382     to examine the wilderness option during the revision of land and resource management plans
7383     by the United States Forest Service will be withheld until it is clearly demonstrated that:
7384          (a) the duly adopted transportation plans of the state and each county within the
7385     planning area are fully and completely incorporated into the baseline inventory of information
7386     from which plan provisions are derived;
7387          (b) valid state or local roads and rights-of-way are recognized and not impaired in any
7388     way by the recommendations;
7389          (c) the development of mineral resources by underground mining is not affected by the
7390     recommendations;
7391          (d) the need for additional administrative or public roads necessary for the full use of
7392     the various multiple uses, including recreation, mineral exploration and development, forest
7393     health activities, and grazing operations, is not unduly affected by the recommendations;
7394          (e) analysis and full disclosure are made concerning the balance of multiple-use
7395     management in the proposed areas, and that the analysis compares the full benefit of
7396     multiple-use management to the recreational, forest health, and economic needs of the state and
7397     the counties to the benefits of the requirements of wilderness management; and
7398          (f) the conclusions of all studies related to the requirement to examine the wilderness
7399     option are submitted to the state for review and action by the Legislature and governor, and the

7400     results, in support of or in opposition to, are included in any planning documents or other
7401     proposals that are forwarded to the United States Congress;
7402          (14) the invasion of noxious weeds and undesirable invasive plant species into the state
7403     should be reversed, their presence eliminated, and their return prevented;
7404          (15) management and resource-use decisions by federal land management and
7405     regulatory agencies concerning the vegetative resources within the state should reflect serious
7406     consideration of the proper optimization of the yield of water within the watersheds of the
7407     state;
7408          (16) it is the policy of the state that:
7409          (a) mineral and energy production and environmental protection are not mutually
7410     exclusive;
7411          (b) it is technically feasible to permit appropriate access to mineral and energy
7412     resources while preserving nonmineral and nonenergy resources;
7413          (c) resource management planning should seriously consider all available mineral and
7414     energy resources;
7415          (d) the development of the solid, fluid, and gaseous mineral resources of the state and
7416     the renewable resources of the state should be encouraged;
7417          (e) the waste of fluid and gaseous minerals within developed areas should be
7418     prohibited; and
7419          (f) requirements to mitigate or reclaim mineral development projects should be based
7420     on credible evidence of significant impacts to natural or cultural resources;
7421          (17) the state's support for mineral development provisions within federal land
7422     management plans will be withheld until the appropriate land management plan environmental
7423     impact statement clearly demonstrates:
7424          (a) that the authorized planning agency has:
7425          (i) considered and evaluated the mineral and energy potential in all areas of the
7426     planning area as if the areas were open to mineral development under standard lease

7427     agreements; and
7428          (ii) evaluated any management plan prescription for the plan's impact on the area's
7429     baseline mineral and energy potential;
7430          (b) that the development provisions do not unduly restrict access to public lands for
7431     energy exploration and development;
7432          (c) that the authorized planning agency has supported any closure of additional areas to
7433     mineral leasing and development or any increase of acres subject to no surface occupancy
7434     restrictions by adhering to:
7435          (i) the relevant provisions of the Federal Land Policy and Management Act of 1976, 43
7436     U.S.C. Sec. 1701 et seq.;
7437          (ii) other controlling mineral development laws; and
7438          (iii) the controlling withdrawal and reporting procedures set forth in the Federal Land
7439     Policy and Management Act of 1976, 43 U.S.C. Sec. 1701 et seq.;
7440          (d) that the authorized planning agency evaluated whether to repeal any moratorium
7441     that may exist on the issuance of additional mining patents and oil and gas leases;
7442          (e) that the authorized planning agency analyzed all proposed mineral lease stipulations
7443     and considered adopting the least restrictive necessary to protect against damage to other
7444     significant resource values;
7445          (f) that the authorized planning agency evaluated mineral lease restrictions to
7446     determine whether to waive, modify, or make exceptions to the restrictions on the basis that
7447     they are no longer necessary or effective;
7448          (g) that the authorized federal agency analyzed all areas proposed for no surface
7449     occupancy restrictions, and that the analysis evaluated:
7450          (i) whether directional drilling is economically feasible and ecologically necessary for
7451     each proposed no surface occupancy area;
7452          (ii) whether the directional drilling feasibility analysis, or analysis of other
7453     management prescriptions, demonstrates that the proposed no surface occupancy prescription,

7454     in effect, sterilizes the mineral and energy resources beneath the area; and
7455          (iii) whether, if the minerals are effectively sterilized, the area must be reported as
7456     withdrawn under the provisions of the Federal Land Policy and Management Act; and
7457          (h) that the authorized planning agency has evaluated all directional drilling
7458     requirements in no surface occupancy areas to determine whether directional drilling is feasible
7459     from an economic, ecological, and engineering standpoint;
7460          (18) motorized, human-powered, and animal-powered outdoor recreation should be
7461     integrated into a fair and balanced allocation of resources within the historical and cultural
7462     framework of multiple uses in rural areas of the state, and outdoor recreation should be
7463     supported as part of a balanced plan of state and local economic support and growth;
7464          (19) off-highway vehicles should be used responsibly, the management of off-highway
7465     vehicles should be uniform across all jurisdictions, and laws related to the use of off-highway
7466     vehicles should be uniformly applied across all jurisdictions;
7467          (20) (a) rights-of-way granted and vested under the provisions of R.S. 2477 should be
7468     preserved and acknowledged; and
7469          (b) land use management plans, programs, and initiatives should be consistent with
7470     both state and county transportation plans developed according to Subsection (3) in order to
7471     provide a network of roads throughout the planning area that provides for:
7472          (i) movement of people, goods, and services across public lands;
7473          (ii) reasonable access to a broad range of resources and opportunities throughout the
7474     planning area, including access to livestock, water, and minerals;
7475          (iii) economic and business needs;
7476          (iv) public safety;
7477          (v) search and rescue;
7478          (vi) access for people with disabilities and the elderly;
7479          (vii) access to state lands; and
7480          (viii) recreational opportunities;

7481          (21) transportation and access provisions for all other existing routes, roads, and trails
7482     across federal, state, and school trust lands within the state should be determined and
7483     identified, and agreements should be executed and implemented, as necessary to fully authorize
7484     and determine responsibility for maintenance of all routes, roads, and trails;
7485          (22) the reasonable development of new routes and trails for motorized,
7486     human-powered, and animal-powered recreation should be implemented;
7487          (23) (a) forests, rangelands, and watersheds, in a healthy condition, are necessary and
7488     beneficial for wildlife, livestock grazing, and other multiple uses;
7489          (b) management programs and initiatives that are implemented to increase forage for
7490     the benefit of the agricultural industry, livestock operations, and wildlife species should utilize
7491     all proven techniques and tools;
7492          (c) the continued viability of livestock operations and the livestock industry should be
7493     supported on the federal lands within the state by management of the lands and forage
7494     resources, by the proper optimization of animal unit months for livestock, in accordance with
7495     the multiple-use provisions of the Federal Land Policy and Management Act of 1976, 43
7496     U.S.C. Sec. 1701 et seq., the provisions of the Taylor Grazing Act of 1934, 43 U.S.C. Sec. 315
7497     et seq., and the provisions of the Public Rangelands Improvement Act of 1978, 43 U.S.C. Sec.
7498     1901 et seq.;
7499          (d) provisions for predator control initiatives or programs under the direction of state
7500     and local authorities should be implemented; and
7501          (e) resource use and management decisions by federal land management and regulatory
7502     agencies should support state-sponsored initiatives or programs designed to stabilize wildlife
7503     populations that may be experiencing a scientifically demonstrated decline in those
7504     populations; and
7505          (24) management and resource use decisions by federal land management and
7506     regulatory agencies concerning the scenic resources of the state must balance the protection of
7507     scenery with the full management requirements of the other authorized uses of the land under

7508     multiple-use management, and should carefully consider using Visual Resource Management
7509     Class I protection only for areas of inventoried Class A scenery or equivalent.
7510          Section 93. Section 63L-11-304, which is renumbered from Section 63J-4-606 is
7511     renumbered and amended to read:
7512          [63J-4-606].      63L-11-304. Public lands transfer study and economic
7513     analysis -- Report.
7514          (1) As used in this section:
7515          (a) "Public lands" means the same as that term is defined in Section 63L-6-102.
7516          (b) "Transfer of public lands" means the transfer of public lands from federal
7517     ownership to state ownership.
7518          (2) The [coordinator and the] office shall, on an ongoing basis, report to the Federalism
7519     Commission regarding the ramifications and economic impacts of the transfer of public lands.
7520          (3) The [coordinator and] office shall:
7521          (a) on an ongoing basis, discuss issues related to the transfer of public lands with:
7522          (i) the School and Institutional Trust Lands Administration;
7523          (ii) local governments;
7524          (iii) water managers;
7525          (iv) environmental advocates;
7526          (v) outdoor recreation advocates;
7527          (vi) nonconventional and renewable energy producers;
7528          (vii) tourism representatives;
7529          (viii) wilderness advocates;
7530          (ix) ranchers and agriculture advocates;
7531          (x) oil, gas, and mining producers;
7532          (xi) fishing, hunting, and other wildlife interests;
7533          (xii) timber producers;
7534          (xiii) other interested parties; and

7535          (xiv) the Federalism Commission; and
7536          (b) develop ways to obtain input from [Utah] citizens of the state regarding the transfer
7537     of public lands and the future care and use of public lands.
7538          Section 94. Section 63L-11-305, which is renumbered from Section 63J-4-608 is
7539     renumbered and amended to read:
7540          [63J-4-608].      63L-11-305. Facilitating the acquisition of federal land --
7541     Advisory committee.
7542          (1) As used in this section:
7543          (a) "Advisory committee" means the committee established under Subsection (3).
7544          (b) "Federal land" means land that the secretary is authorized to dispose of under the
7545     federal land disposal law.
7546          (c) "Federal land disposal law" means the Recreation and Public Purposes Act, 43
7547     U.S.C. Sec. 869 et seq.
7548          (d) "Government entity" means any state or local government entity allowed to submit
7549     a land application under the federal land disposal law.
7550          (e) "Land application" means an application under the federal land disposal law
7551     requesting the secretary to sell or lease federal land.
7552          (f) "Land application process" means all actions involved in the process of submitting
7553     and obtaining a final decision on a land application.
7554          (g) "Secretary" means the Secretary of the Interior of the United States.
7555          (2) The [coordinator and the] office shall:
7556          (a) develop expertise:
7557          (i) in the land application process; and
7558          (ii) concerning the factors that tend to increase the chances that a land application will
7559     result in the secretary selling or leasing federal land as requested in the land application;
7560          (b) work to educate government entities concerning:
7561          (i) the availability of federal land pursuant to the federal land disposal law; and

7562          (ii) the land application process;
7563          (c) advise and consult with a government entity that requests assistance from [the
7564     coordinator or] the office to formulate and submit a land application and to pursue a decision
7565     on the land application;
7566          (d) advise and consult with a government entity that requests assistance from [the
7567     coordinator or] the office to identify and quantify the amount of any funds needed to provide
7568     the public use described in a land application;
7569          (e) with the advice and recommendations of the advisory committee:
7570          (i) adopt a list of factors to be considered in determining the degree to which a land
7571     application or potential land application is in the public interest; and
7572          (ii) recommend a prioritization of all land applications or potential land applications in
7573     the state according to the extent to which the land applications are in the public interest, based
7574     on the factors adopted under Subsection (2)[(f)](e)(i);
7575          (f) prepare and submit a written report of land applications:
7576          (i) to the Natural Resources, Agriculture, and Environment Interim Committee and the
7577     Federalism Commission;
7578          (ii) (A) annually no later than August 31; and
7579          (B) at other times, if and as requested by the committee or commission; and
7580          (iii) (A) on the activities of [the coordinator and] the office under this section;
7581          (B) on the land applications and potential land applications in the state; and
7582          (C) on the decisions of the secretary on land applications submitted by government
7583     entities in the state and the quantity of land acquired under the land applications;
7584          (g) present a summary of information contained in the report described in Subsection
7585     [(3)] (2)(f):
7586          (i) at a meeting of the Natural Resources, Agriculture, and Environment Interim
7587     Committee and at a meeting of the Federalism Commission;
7588          (ii) annually no later than August 31; and

7589          (iii) at other times, if and as requested by the committee or commission; and
7590          (h) report to the Executive Appropriations Committee of the Legislature, as frequently
7591     as the [coordinator] executive director considers appropriate or as requested by the committee,
7592     on the need for legislative appropriations to provide funds for the public purposes described in
7593     land applications.
7594          (3) (a) There is created [a] an advisory committee comprised of:
7595          (i) an individual designated by the chairs of the Federalism Commission;
7596          (ii) an individual designated by the director of the Division of Facilities Construction
7597     and Management;
7598          (iii) a representative of the Antiquities Section, created in Section 9-8-304, designated
7599     by the director of the Division of State History;
7600          (iv) a representative of municipalities designated by the Utah League of Cities and
7601     Towns;
7602          (v) a representative of counties designated by the Utah Association of Counties;
7603          (vi) an individual designated by the Governor's Office of Economic Development; and
7604          (vii) an individual designated by the director of the Division of Parks and Recreation,
7605     created in Section 79-4-201.
7606          (b) The seven members of the advisory committee under Subsection (3)(a) may, by
7607     majority vote, appoint up to four additional volunteer members of the advisory committee.
7608          (c) The advisory committee shall advise and provide recommendations to [the
7609     coordinator and] the office on:
7610          (i) factors the [coordinator and] office should consider in determining the degree to
7611     which a land application or potential land application is in the public interest; and
7612          (ii) the prioritization of land applications or potential land applications in the state
7613     according to the extent to which the land applications are in the public interest, based on the
7614     factors adopted under Subsection (2)[(f)](e)(i).
7615          (d) A member of the advisory committee may not receive compensation, benefits, or

7616     expense reimbursement for the member's service on the advisory committee.
7617          (e) The advisory committee may:
7618          (i) select a chair from among the advisory committee members; and
7619          (ii) meet as often as necessary to perform the advisory committee's duties under this
7620     section.
7621          (f) The [coordinator] executive director shall facilitate the convening of the first
7622     meeting of the advisory committee.
7623          Section 95. Section 63L-11-401, which is renumbered from Section 63J-4-501 is
7624     renumbered and amended to read:
7625     
Part 4. Resource Development Coordinating Committee

7626          [63J-4-501].      63L-11-401. Creation of Resource Development
7627     Coordinating Committee.
7628          There is created the Resource Development Coordinating Committee within the
7629     [Governor's Office of Management and Budget] office to:
7630          (1) assist the [state planning coordinator] office in fulfilling the responsibilities of
7631     reviewing and coordinating technical and policy actions that may affect the physical resources
7632     of the state; and
7633          (2) facilitate the exchange of information on those actions among state agencies and
7634     other levels of government.
7635          Section 96. Section 63L-11-402, which is renumbered from Section 63J-4-502 is
7636     renumbered and amended to read:
7637          [63J-4-502].      63L-11-402. Membership -- Terms -- Chair -- Expenses.
7638          (1) The Resource Development Coordinating Committee [shall consist] consists of the
7639     following 24 members:
7640          (a) the state science advisor;
7641          (b) a representative from the Department of Agriculture and Food appointed by the
7642     executive director of the Department of Agriculture and Food;

7643          (c) a representative from the Department of Heritage and Arts appointed by the
7644     executive director of the Department of Heritage and Arts;
7645          (d) a representative from the Department of Environmental Quality appointed by the
7646     executive director of the Department of Environmental Quality;
7647          (e) a representative from the Department of Natural Resources appointed by the
7648     executive director of the Department of Natural Resources;
7649          (f) a representative from the Department of Transportation appointed by the executive
7650     director of the Department of Transportation;
7651          (g) a representative from the Governor's Office of Economic Development appointed
7652     by the director of the Governor's Office of Economic Development;
7653          (h) a representative from the Housing and Community Development Division
7654     appointed by the director of the Housing and Community Development Division;
7655          (i) a representative from the Division of State History appointed by the director of the
7656     Division of State History;
7657          (j) a representative from the Division of Air Quality appointed by the director of the
7658     Division of Air Quality;
7659          (k) a representative from the Division of Drinking Water appointed by the director of
7660     the Division of Drinking Water;
7661          (l) a representative from the Division of Environmental Response and Remediation
7662     appointed by the director of the Division of Environmental Response and Remediation;
7663          (m) a representative from the Division of Waste Management and Radiation Control
7664     appointed by the director of the Division of Waste Management and Radiation Control;
7665          (n) a representative from the Division of Water Quality appointed by the director of the
7666     Division of Water Quality;
7667          (o) a representative from the Division of Oil, Gas, and Mining appointed by the
7668     director of the Division of Oil, Gas, and Mining;
7669          (p) a representative from the Division of Parks and Recreation appointed by the

7670     director of the Division of Parks and Recreation;
7671          (q) a representative from the Division of Forestry, Fire, and State Lands appointed by
7672     the director of the Division of Forestry, Fire, and State Lands;
7673          (r) a representative from the Utah Geological Survey appointed by the director of the
7674     Utah Geological Survey;
7675          (s) a representative from the Division of Water Resources appointed by the director of
7676     the Division of Water Resources;
7677          (t) a representative from the Division of Water Rights appointed by the director of the
7678     Division of Water Rights;
7679          (u) a representative from the Division of Wildlife Resources appointed by the director
7680     of the Division of Wildlife Resources;
7681          (v) a representative from the School and Institutional Trust Lands Administration
7682     appointed by the director of the School and Institutional Trust Lands Administration;
7683          (w) a representative from the Division of Facilities Construction and Management
7684     appointed by the director of the Division of Facilities Construction and Management; and
7685          (x) a representative from the Division of Emergency Management appointed by the
7686     director of the Division of Emergency Management.
7687          (2) (a) As particular issues require, the coordinating committee may, by majority vote
7688     of the members present, [and with the concurrence of the state planning coordinator,] appoint
7689     additional temporary members to serve as ex officio voting members.
7690          (b) Those ex officio members may discuss and vote on the issue or issues for which
7691     they were appointed.
7692          (3) A chair shall be selected by a majority vote of committee members with the
7693     concurrence of the [state planning coordinator] executive director.
7694          (4) A member may not receive compensation or benefits for the member's service, but
7695     may receive per diem and travel expenses in accordance with:
7696          (a) [Section] Sections 63A-3-106[; (b) Section] and 63A-3-107; and

7697          [(c)] (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7698     63A-3-107.
7699          Section 97. Section 63L-11-403, which is renumbered from Section 63J-4-503 is
7700     renumbered and amended to read:
7701          [63J-4-503].      63L-11-403. Executive director responsibilities.
7702          [(1) The state planning coordinator shall:]
7703          The executive director shall:
7704          [(a)] (1) administer this part;
7705          [(b)] (2) subject to the direction and approval of the governor, take necessary action
7706     [for its implementation] to implement this part; and
7707          [(c)] (3) inform political subdivision representatives, in advance, of all coordinating
7708     committee meetings.
7709          [(2) The state planning coordinator may delegate the state planning coordinator's
7710     responsibilities under this part to the Public Lands Policy Coordinating Office.]
7711          Section 98. Section 63L-11-404, which is renumbered from Section 63J-4-504 is
7712     renumbered and amended to read:
7713          [63J-4-504].      63L-11-404. Coordinating committee duties.
7714          (1) The coordinating committee shall assist the [state planning coordinator] office:
7715          (a) in the review of:
7716          (i) proposed state actions affecting physical resources;
7717          (ii) federal and federally assisted actions for which state review is provided by federal
7718     law, regulation, or policy; and
7719          (iii) proposed federal regulations and policies pertaining to natural resource issues; and
7720          (b) in the development and implementation of a procedure that will expedite the review
7721     of proposed energy and industrial facilities that require permits to be issued by more than one
7722     state agency.
7723          (2) The [state planning coordinator] office shall review and forward the comments and

7724     recommendations of the committee to:
7725          (a) the governor;
7726          (b) the initiating state agency, in the case of a proposed state action; and
7727          (c) the Office of Legislative Research and General Counsel.
7728          Section 99. Section 63L-11-405, which is renumbered from Section 63J-4-505 is
7729     renumbered and amended to read:
7730          [63J-4-505].      63L-11-405. Powers of state agencies and local governments
7731     not limited.
7732          This part does not limit powers conferred upon [state] departments, agencies, [or]
7733     instrumentalities [of the state], or political subdivisions of the state by existing law.
7734          Section 100. Section 63N-1-203 is amended to read:
7735          63N-1-203. Powers and duties of executive director.
7736          (1) Unless otherwise expressly provided by statute, the executive director may organize
7737     the office in any appropriate manner, including the appointment of deputy directors of the
7738     office.
7739          (2) The executive director may consolidate personnel and service functions for
7740     efficiency and economy in the office.
7741          (3) The executive director, with the approval of the governor:
7742          (a) may, by following the procedures and requirements of Title 63J, Chapter 5, Federal
7743     Funds Procedures Act, seek federal grants, loans, or participation in federal programs;
7744          (b) may enter into a lawful contract or agreement with another state, a chamber of
7745     commerce organization, a service club, or a private entity; and
7746          (c) shall annually prepare and submit to the governor a budget of the office's financial
7747     requirements.
7748          (4) With the governor's approval, if a federal program requires the expenditure of state
7749     funds as a condition for the state to participate in a fund, property, or service, the executive
7750     director may expend necessary funds from money provided by the Legislature for the use of the

7751     office.
7752          (5) The executive director shall coordinate with the executive directors of the
7753     Department of Workforce Services and the Governor's Office of [Management] Planning and
7754     Budget to review data and metrics to be reported to the Legislature as described in Subsection
7755     63N-1-301(2)(b).
7756          Section 101. Section 63N-1-301 is amended to read:
7757          63N-1-301. Annual report -- Content -- Format -- Strategic plan.
7758          (1) The office shall prepare and submit to the governor and the Legislature, by October
7759     1 of each year, an annual written report of the operations, activities, programs, and services of
7760     the office, including the divisions, sections, boards, commissions, councils, and committees
7761     established under this title, for the preceding fiscal year.
7762          (2) For each operation, activity, program, or service provided by the office, the annual
7763     report shall include:
7764          (a) a description of the operation, activity, program, or service;
7765          (b) data and metrics:
7766          (i) selected and used by the office to measure progress, performance, effectiveness, and
7767     scope of the operation, activity, program, or service, including summary data; and
7768          (ii) that are consistent and comparable for each state operation, activity, program, or
7769     service that primarily involves employment training or placement as determined by the
7770     executive directors of the office, the Department of Workforce Services, and the Governor's
7771     Office of [Management] Planning and Budget;
7772          (c) budget data, including the amount and source of funding, expenses, and allocation
7773     of full-time employees for the operation, activity, program, or service;
7774          (d) historical data from previous years for comparison with data reported under
7775     Subsections (2)(b) and (c);
7776          (e) goals, challenges, and achievements related to the operation, activity, program, or
7777     service;

7778          (f) relevant federal and state statutory references and requirements;
7779          (g) contact information of officials knowledgeable and responsible for each operation,
7780     activity, program, or service; and
7781          (h) other information determined by the office that:
7782          (i) may be needed, useful, or of historical significance; or
7783          (ii) promotes accountability and transparency for each operation, activity, program, or
7784     service with the public and elected officials.
7785          (3) The annual report shall be designed to provide clear, accurate, and accessible
7786     information to the public, the governor, and the Legislature.
7787          (4) The office shall:
7788          (a) submit the annual report in accordance with Section 68-3-14;
7789          (b) make the annual report, and previous annual reports, accessible to the public by
7790     placing a link to the reports on the office's website; and
7791          (c) provide the data and metrics described in Subsection (2)(b) to the Talent Ready
7792     Utah Board created in Section 63N-12-503.
7793          (5) (a) On or before October 1, 2019, the office shall:
7794          (i) in consultation with the organizations described in Subsection (5)(c), coordinate the
7795     development of a written strategic plan that contains a coordinated economic development
7796     strategy for the state; and
7797          (ii) provide the strategic plan to the president of the Senate, the speaker of the House of
7798     Representatives, and the Economic Development and Workforce Services Interim Committee.
7799          (b) The strategic plan shall:
7800          (i) establish a statewide economic development strategy that consists of a limited set of
7801     clear, concise, and defined principles and goals;
7802          (ii) recommend targeted economic development policies that will further the
7803     implementation of the economic development strategy described in this section;
7804          (iii) identify each of the relevant state-level economic development agencies, including

7805     the agencies described in Subsection (5)(c);
7806          (iv) outline the functional role in furthering the state's economic development strategy
7807     for each relevant state-level economic development agency;
7808          (v) establish specific principles and make specific recommendations to decrease
7809     competition and increase communication and cooperation among state-level economic
7810     development agencies, providers and administrators of economic development programs in the
7811     state, nonprofit entities that participate in economic development in the state, and local
7812     governments;
7813          (vi) recommend a fundamental realignment of economic development programs in the
7814     state to ensure each program's purpose is congruent with the mission of the organization within
7815     which the program is located;
7816          (vii) address rural economic development by:
7817          (A) establishing goals and principles to ensure the state's economic development
7818     strategy works for both urban and rural areas of the state; and
7819          (B) providing recommendations on how existing rural economic development
7820     programs should be restructured or realigned;
7821          (viii) assess the effectiveness of the state's economic development incentives and make
7822     recommendations regarding:
7823          (A) how incentive policies could be improved; and
7824          (B) how incentives could be better coordinated among state-level economic
7825     development agencies and local governments;
7826          (ix) make recommendations regarding how to align the state's economic development
7827     strategy and policies in order to take advantage of the strengths and address the weaknesses of
7828     the state's current and projected urban and rural workforce;
7829          (x) make recommendations regarding how to monitor and assess whether certain
7830     economic development policies further the statewide economic development strategy described
7831     in this section, including recommendations on performance metrics to measure results; and

7832          (xi) align the strategic plan with each element of the statewide economic development
7833     strategy.
7834          (c) The office shall coordinate the development of the strategic plan by working in
7835     coordination with and obtaining information from other state agencies, including:
7836          (i) the Department of Workforce Services;
7837          (ii) the Office of Energy Development;
7838          (iii) the State Board of Education; and
7839          (iv) the Utah Board of Higher Education.
7840          (d) If contacted by the office, other state agencies, including those described in
7841     Subsection (5)(c), shall, in accordance with state and federal law, share information and
7842     cooperate with the office in coordinating the development of the strategic plan.
7843          Section 102. Section 63N-2-107 is amended to read:
7844          63N-2-107. Reports of new state revenues, partial rebates, and tax credits.
7845          (1) Before October 1 of each year, the office shall submit a report to the Governor's
7846     Office of [Management] Planning and Budget, the Office of the Legislative Fiscal Analyst, and
7847     the Division of Finance identifying:
7848          (a) (i) the total estimated amount of new state revenues created from new commercial
7849     projects in development zones;
7850          (ii) the estimated amount of new state revenues from new commercial projects in
7851     development zones that will be generated from:
7852          (A) sales tax;
7853          (B) income tax; and
7854          (C) corporate franchise and income tax; and
7855          (iii) the minimum number of new incremental jobs and high paying jobs that will be
7856     created before any tax credit is awarded; and
7857          (b) the total estimated amount of tax credits that the office projects that business
7858     entities, local government entities, or community reinvestment agencies will qualify to claim

7859     under this part.
7860          (2) By the first business day of each month, the office shall submit a report to the
7861     Governor's Office of [Management] Planning and Budget, the Office of the Legislative Fiscal
7862     Analyst, and the Division of Finance identifying:
7863          (a) each new agreement entered into by the office since the last report;
7864          (b) the estimated amount of new state revenues that will be generated under each
7865     agreement;
7866          (c) the estimated maximum amount of tax credits that a business entity, local
7867     government entity, or community reinvestment agency could qualify for under each agreement;
7868     and
7869          (d) the minimum number of new incremental jobs and high paying jobs that will be
7870     created before any tax credit is awarded.
7871          (3) At the reasonable request of the Governor's Office of [Management] Planning and
7872     Budget, the Office of the Legislative Fiscal Analyst, or the Division of Finance, the office shall
7873     provide additional information about the tax credit, new incremental jobs and high paying jobs,
7874     costs, and economic benefits related to this part, if the information is part of a public record as
7875     defined in Section 63G-2-103.
7876          Section 103. Section 63N-2-811 is amended to read:
7877          63N-2-811. Reports of tax credits.
7878          (1) Before December 1 of each year, the office shall submit a report to the Governor's
7879     Office of [Management] Planning and Budget, the Office of the Legislative Fiscal Analyst, and
7880     the Division of Finance identifying:
7881          (a) the total amount listed on tax credit certificates the office issues under this part; and
7882          (b) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
7883     credit applicants.
7884          (2) By the first business day of each month, the office shall submit a report to the
7885     Governor's Office of [Management] Planning and Budget, the Office of the Legislative Fiscal

7886     Analyst, and the Division of Finance identifying:
7887          (a) each new agreement entered into by the office since the last report;
7888          (b) the total amount listed on tax credit certificates the office issues under this part; and
7889          (c) the criteria that the office uses in prioritizing the issuance of tax credits amongst tax
7890     credit applicants.
7891          Section 104. Section 63N-3-111 is amended to read:
7892          63N-3-111. Annual policy considerations.
7893          (1) (a) The board shall determine annually which industries or groups of industries
7894     shall be targeted industries as defined in Section 63N-3-102.
7895          (b) The office shall make recommendations to state and federal agencies, local
7896     governments, the governor, and the Legislature regarding policies and initiatives that promote
7897     the economic development of targeted industries.
7898          (c) The office may create one or more voluntary advisory committees that may include
7899     public and private stakeholders to solicit input on policy guidance and best practices in
7900     encouraging the economic development of targeted industries.
7901          (2) In designating an economically disadvantaged rural area, the board shall consider
7902     the average agricultural and nonagricultural wage, personal income, unemployment, and
7903     employment in the area.
7904          (3) In evaluating the economic impact of applications for assistance, the board shall use
7905     an econometric cost-benefit model or models adopted by the Governor's Office of
7906     [Management] Planning and Budget.
7907          (4) The board may establish:
7908          (a) minimum interest rates to be applied to loans granted that reflect a fair social rate of
7909     return to the state comparable to prevailing market-based rates such as the prime rate, U.S.
7910     Government T-bill rate, or bond coupon rate as paid by the state, adjusted by social indicators
7911     such as the rate of unemployment; and
7912          (b) minimum applicant expense ratios, as long as they are at least equal to those

7913     required under Subsection 63N-3-105(1)(a) or 63N-3-108(1)(b)(i)(A).
7914          Section 105. Section 63N-9-104 is amended to read:
7915          63N-9-104. Creation of outdoor recreation office and appointment of director --
7916     Responsibilities of outdoor recreation office.
7917          (1) There is created within the Governor's Office of Economic Development the Utah
7918     Office of Outdoor Recreation.
7919          (2) (a) The executive director shall appoint a director of the outdoor recreation office.
7920          (b) The director shall report to the executive director and may appoint staff.
7921          (3) The outdoor recreation office shall:
7922          (a) coordinate outdoor recreation policy, management, and promotion:
7923          (i) among state and federal agencies and local government entities in the state; and
7924          (ii) with the Public Lands Policy Coordinating Office created in Section [63J-4-602]
7925     63L-11-201, if public land is involved;
7926          (b) promote economic development in the state by:
7927          (i) coordinating with outdoor recreation stakeholders;
7928          (ii) improving recreational opportunities; and
7929          (iii) recruiting outdoor recreation business;
7930          (c) recommend to the governor and Legislature policies and initiatives to enhance
7931     recreational amenities and experiences in the state and help implement those policies and
7932     initiatives;
7933          (d) develop data regarding the impacts of outdoor recreation in the state; and
7934          (e) promote the health and social benefits of outdoor recreation, especially to young
7935     people.
7936          (4) By following the procedures and requirements of Title 63J, Chapter 5, Federal
7937     Funds Procedures Act, the outdoor recreation office may:
7938          (a) seek federal grants or loans;
7939          (b) seek to participate in federal programs; and

7940          (c) in accordance with applicable federal program guidelines, administer federally
7941     funded outdoor recreation programs.
7942          (5) For purposes of administering this part, the outdoor recreation office may make
7943     rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
7944          Section 106. Section 64-13e-105 is amended to read:
7945          64-13e-105. Meeting to discuss daily incarceration rates.
7946          (1) Before September 30 of each year, the individuals described in Subsection (2) shall
7947     meet to review and discuss:
7948          (a) the actual state daily incarceration rate, described in Section 64-13e-103.1;
7949          (b) the actual county daily incarceration rate; and
7950          (c) the compilation described in Subsection 64-13e-104(7).
7951          (2) The following individuals shall meet in accordance with Subsection (1):
7952          (a) as designated by the Utah Sheriffs Association:
7953          (i) one sheriff of a county that is currently under contract with the department to house
7954     state inmates; and
7955          (ii) one sheriff of a county that is currently receiving reimbursement from the
7956     department for housing state probationary inmates or state parole inmates;
7957          (b) the executive director of the department or the executive director's designee;
7958          (c) as designated by the Utah Association of Counties:
7959          (i) one member of the legislative body of one county that is currently under contract
7960     with the department to house state inmates; and
7961          (ii) one member of the legislative body of one county that is currently receiving
7962     reimbursement from the department for housing state probationary inmates or state parole
7963     inmates;
7964          (d) the executive director of the Commission on Criminal and Juvenile Justice or the
7965     executive director's designee; and
7966          (e) the executive director of the Governor's Office of [Management] Planning and

7967     Budget or the executive director's designee.
7968          Section 107. Section 67-4-16 is amended to read:
7969          67-4-16. State financial advisor -- Duties -- Conflict of interest restrictions.
7970          (1) The state treasurer may hire a state financial advisor on a fee-for-service basis.
7971          (2) The state financial advisor shall advise the state treasurer, the executive director of
7972     the Governor's Office of [Management] Planning and Budget, the director of the Division of
7973     Finance, the director of the Division of Facilities Construction and Management, and the
7974     Legislature and its staff offices on the issuance of bonds and other debt, and on all other public
7975     debt matters generally.
7976          (3) The financial advisor may assist in the preparation of the official statement,
7977     represent the state's creditworthiness before credit rating agencies, and assist in the preparation,
7978     marketing, or issuance of public debt.
7979          (4) (a) The state financial advisor or the firm that the advisor represents may not
7980     negotiate to underwrite debt issued by the state of Utah for which he has provided financial
7981     advisor services.
7982          (b) The state financial advisor may enter a competitive bid, either for his own account
7983     or in cooperation with others, in response to a call for public bids for the sale of state debt.
7984          (5) (a) Fees directly related to the preparation, marketing, or issuance of public debt,
7985     including ordinary and necessary expenses, may be paid from the debt proceeds.
7986          (b) Fees for other services shall be paid from the state treasurer's budget.
7987          Section 108. Section 67-5-34 is amended to read:
7988          67-5-34. Rate committee -- Membership -- Duties.
7989          (1) (a) There is created a rate committee that consists of:
7990          (i) the executive director of the Governor's Office of [Management] Planning and
7991     Budget, or the executive director's designee; and
7992          (ii) the executive directors of six state agencies that use or are likely to use services and
7993     pay rates to the Office of the Attorney General's internal service fund, appointed by the

7994     governor for a two-year term, or the executive directors' designees.
7995          (b) The rate committee shall elect a chair from the rate committee's members.
7996          (2) Each member of the rate committee who is a state government employee and does
7997     not receive salary, per diem, or expenses from the member's agency for the member's service
7998     on the rate committee shall receive no compensation, benefits, per diem, or expenses for the
7999     member's service on the rate committee.
8000          (3) The Office of the Attorney General shall provide staff services to the rate
8001     committee.
8002          (4) The Office of the Attorney General shall submit to the rate committee a proposed
8003     rate and fee schedule for legal services rendered by the Office of the Attorney General to an
8004     agency.
8005          (5) (a) The rate committee shall:
8006          (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
8007     Act;
8008          (ii) review the proposed rate and fee schedules and, at the rate committee's discretion,
8009     approve, increase, or decrease the rate and fee schedules;
8010          (iii) recommend a proposed rate and fee schedule for the internal service fund to:
8011          (A) the Governor's Office of [Management] Planning and Budget; and
8012          (B) each legislative appropriations subcommittee that, in accordance with Section
8013     63J-1-410, approves the internal service fund rates, fees, and budget; and
8014          (iv) review and approve, increase or decrease an interim rate, fee, or amount when the
8015     office begins a new service or introduces a new product between annual general sessions of the
8016     Legislature.
8017          (b) The committee may, in accordance with Subsection 63J-1-410(4), decrease a rate,
8018     fee, or amount that has been approved by the Legislature.
8019          Section 109. Section 67-19-11 is amended to read:
8020          67-19-11. Use of department facilities -- Field office facilities cost allocation --

8021     Rate committee.
8022          (1) (a) An agency or a political subdivision of the state shall allow the department to
8023     use public buildings under the agency's of the political subdivision's control, and furnish heat,
8024     light, and furniture, for any examination, training, hearing, or investigation authorized by this
8025     chapter.
8026          (b) An agency or political subdivision that allows the department to use a public
8027     building under Subsection (1)(a) shall pay the cost of the department's use of the public
8028     building.
8029          (2) The executive director shall:
8030          (a) prepare an annual budget request for the department;
8031          (b) submit the budget request to the governor and the Legislature; and
8032          (c) before charging a fee for services provided by the department's internal service fund
8033     to an executive branch agency:
8034          (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
8035     under Subsection (3); and
8036          (ii) obtain the approval of the Legislature as required under Section 63J-1-410.
8037          (3) (a) There is created a rate committee that shall consist of the executive directors of
8038     seven state agencies that use services and pay rates to one of the department internal service
8039     funds, or their designee, appointed by the governor for a two-year term.
8040          (b) (i) Of the seven executive agencies represented on the rate committee under
8041     Subsection (3)(a), only one of the following may be represented on the committee, if at all, at
8042     any one time:
8043          (A) the Governor's Office of [Management] Planning and Budget;
8044          (B) the Division of Finance;
8045          (C) the Department of Administrative Services; or
8046          (D) the Department of Technology Services.
8047          (ii) The department may not have a representative on the rate committee.

8048          (c) (i) The rate committee shall elect a chair from the rate committee's members.
8049          (ii) Each member of the rate committee who is a state government employee and who
8050     does not receive salary, per diem, or expenses from the member's agency for the member's
8051     service on the rate committee shall receive no compensation, benefits, per diem, or expenses
8052     for the member's service on the rate committee.
8053          (d) The department shall provide staff services to the rate committee.
8054          (4) (a) The department shall submit to the rate committee a proposed rate and fee
8055     schedule for:
8056          (i) human resource management services rendered; and
8057          (ii) costs incurred by the Office of the Attorney General in defending the state in a
8058     grievance under review by the Career Service Review Office.
8059          (b) The rate committee shall:
8060          (i) conduct meetings in accordance with Title 52, Chapter 4, Open and Public Meetings
8061     Act;
8062          (ii) meet at least once each calendar year to:
8063          (A) discuss the service performance of each internal service fund;
8064          (B) review the proposed rate and fee schedules;
8065          (C) at the rate committee's discretion, approve, increase, or decrease the rate and fee
8066     schedules described in Subsection (4)(b)(ii)(B); and
8067          (D) discuss any prior or potential adjustments to the service level received by state
8068     agencies that pay rates to an internal service fund;
8069          (iii) recommend a proposed rate and fee schedule for the internal service fund to:
8070          (A) the Governor's Office of [Management] Planning and Budget; and
8071          (B) each legislative appropriations subcommittee that, in accordance with Section
8072     63J-1-410, approves the internal service fund rates, fees, and budget; and
8073          (iv) review and approve, increase or decrease an interim rate, fee, or amount when the
8074     department begins a new service or introduces a new product between annual general sessions

8075     of the Legislature.
8076          (c) The committee may in accordance with Subsection 63J-1-410(4) decrease a rate,
8077     fee, or amount that has been approved by the Legislature.
8078          Section 110. Section 67-19-15 is amended to read:
8079          67-19-15. Career service -- Exempt positions -- Schedules for civil service
8080     positions -- Coverage of career service provisions.
8081          (1) Except as otherwise provided by law or by rules and regulations established for
8082     federally aided programs, the following positions are exempt from the career service provisions
8083     of this chapter and are designated under the following schedules:
8084          (a) schedule AA includes the governor, members of the Legislature, and all other
8085     elected state officers;
8086          (b) schedule AB includes appointed executives and board or commission executives
8087     enumerated in Section 67-22-2;
8088          (c) schedule AC includes all employees and officers in:
8089          (i) the office and at the residence of the governor;
8090          (ii) the Public Lands Policy Coordinating [Council] Office;
8091          (iii) the Office of the State Auditor; and
8092          (iv) the Office of the State Treasurer;
8093          (d) schedule AD includes employees who:
8094          (i) are in a confidential relationship to an agency head or commissioner; and
8095          (ii) report directly to, and are supervised by, a department head, commissioner, or
8096     deputy director of an agency or its equivalent;
8097          (e) schedule AE includes each employee of the State Board of Education that the State
8098     Board of Education designates as exempt from the career service provisions of this chapter;
8099          (f) schedule AG includes employees in the Office of the Attorney General who are
8100     under their own career service pay plan under Sections 67-5-7 through 67-5-13;
8101          (g) schedule AH includes:

8102          (i) teaching staff of all state institutions; and
8103          (ii) employees of the Utah Schools for the Deaf and the Blind who are:
8104          (A) educational interpreters as classified by the department; or
8105          (B) educators as defined by Section 53E-8-102;
8106          (h) schedule AN includes employees of the Legislature;
8107          (i) schedule AO includes employees of the judiciary;
8108          (j) schedule AP includes all judges in the judiciary;
8109          (k) schedule AQ includes:
8110          (i) members of state and local boards and councils appointed by the governor and
8111     governing bodies of agencies;
8112          (ii) a water commissioner appointed under Section 73-5-1;
8113          (iii) other local officials serving in an ex officio capacity; and
8114          (iv) officers, faculty, and other employees of state universities and other state
8115     institutions of higher education;
8116          (l) schedule AR includes employees in positions that involve responsibility:
8117          (i) for determining policy;
8118          (ii) for determining the way in which a policy is carried out; or
8119          (iii) of a type not appropriate for career service, as determined by the agency head with
8120     the concurrence of the executive director;
8121          (m) schedule AS includes any other employee:
8122          (i) whose appointment is required by statute to be career service exempt;
8123          (ii) whose agency is not subject to this chapter; or
8124          (iii) whose agency has authority to make rules regarding the performance,
8125     compensation, and bonuses for its employees;
8126          (n) schedule AT includes employees of the Department of Technology Services,
8127     designated as executive/professional positions by the executive director of the Department of
8128     Technology Services with the concurrence of the executive director;

8129          (o) schedule AU includes patients and inmates employed in state institutions;
8130          (p) employees of the Department of Workforce Services, designated as schedule AW:
8131          (i) who are temporary employees that are federally funded and are required to work
8132     under federally qualified merit principles as certified by the director; or
8133          (ii) for whom substantially all of their work is repetitive, measurable, or transaction
8134     based, and who voluntarily apply for and are accepted by the Department of Workforce
8135     Services to work in a pay for performance program designed by the Department of Workforce
8136     Services with the concurrence of the executive director; and
8137          (q) for employees in positions that are temporary, seasonal, time limited, funding
8138     limited, or variable hour in nature, under schedule codes and parameters established by the
8139     department by administrative rule.
8140          (2) The civil service shall consist of two schedules as follows:
8141          (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
8142          (ii) Removal from any appointive position under schedule A, unless otherwise
8143     regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
8144          (b) Schedule B is the competitive career service schedule, consisting of:
8145          (i) all positions filled through competitive selection procedures as defined by the
8146     executive director; or
8147          (ii) positions filled through a department approved on-the-job examination intended to
8148     appoint a qualified person with a disability, or a veteran in accordance with Title 71, Chapter
8149     10, Veterans Preference.
8150          (3) (a) The executive director, after consultation with the heads of concerned executive
8151     branch departments and agencies and with the approval of the governor, shall allocate positions
8152     to the appropriate schedules under this section.
8153          (b) Agency heads shall make requests and obtain approval from the executive director
8154     before changing the schedule assignment and tenure rights of any position.
8155          (c) Unless the executive director's decision is reversed by the governor, when the

8156     executive director denies an agency's request, the executive director's decision is final.
8157          (4) (a) Compensation for employees of the Legislature shall be established by the
8158     directors of the legislative offices in accordance with Section 36-12-7.
8159          (b) Compensation for employees of the judiciary shall be established by the state court
8160     administrator in accordance with Section 78A-2-107.
8161          (c) Compensation for officers, faculty, and other employees of state universities and
8162     institutions of higher education shall be established as provided in Title 53B, Chapter 1,
8163     Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
8164     Higher Education.
8165          (d) Unless otherwise provided by law, compensation for all other schedule A
8166     employees shall be established by their appointing authorities, within ranges approved by, and
8167     after consultation with the executive director of the Department of Human Resource
8168     Management.
8169          (5) An employee who is in a position designated schedule AC and who holds career
8170     service status on June 30, 2010, shall retain the career service status if the employee:
8171          (a) remains in the position that the employee is in on June 30, 2010; and
8172          (b) does not elect to convert to career service exempt status in accordance with a rule
8173     made by the department.
8174          Section 111. Section 67-19-43 is amended to read:
8175          67-19-43. State employee matching supplemental defined contribution benefit.
8176          (1) As used in this section:
8177          (a) "Qualifying account" means:
8178          (i) a defined contribution plan qualified under Section 401(k) of the Internal Revenue
8179     Code, which is sponsored by the Utah State Retirement Board; or
8180          (ii) a deemed Individual Retirement Account authorized under the Internal Revenue
8181     Code, which is sponsored by the Utah State Retirement Board; or
8182          (iii) a similar savings plan or account authorized under the Internal Revenue Code,

8183     which is sponsored by the Utah State Retirement Board.
8184          (b) "Qualifying employee" means an employee who is:
8185          (i) in a position that is:
8186          (A) receiving retirement benefits under Title 49, Utah State Retirement and Insurance
8187     Benefit Act; and
8188          (B) accruing paid leave benefits that can be used in the current and future calendar
8189     years; and
8190          (ii) not an employee who is reemployed as that term is:
8191          (A) defined in Section 49-11-1202; or
8192          (B) used in Section 49-11-504.
8193          (2) Subject to the requirements of Subsection (3) and beginning on or after January 4,
8194     2014, an employer shall make a biweekly matching contribution to every qualifying employee's
8195     defined contribution plan qualified under Section 401(k) of the Internal Revenue Code, subject
8196     to federal requirements and limitations, which is sponsored by the Utah State Retirement
8197     Board.
8198          (3) (a) In accordance with the requirements of this Subsection (3), each qualifying
8199     employee shall be eligible to receive the same dollar amount for the contribution under
8200     Subsection (2).
8201          (b) A qualifying employee:
8202          (i) shall receive the contribution amount determined under Subsection (3)(c) if the
8203     qualifying employee makes a voluntary personal contribution to one or more qualifying
8204     accounts in an amount equal to or greater than the employer's contribution amount determined
8205     in Subsection (3)(c);
8206          (ii) shall receive a partial contribution amount that is equal to the qualifying employee's
8207     personal contribution amount if the employee makes a voluntary personal contribution to one
8208     or more qualifying accounts in an amount less than the employer's contribution amount
8209     determined in Subsection (3)(c); or

8210          (iii) may not receive a contribution under Subsection (2) if the qualifying employee
8211     does not make a voluntary personal contribution to a qualifying account.
8212          (c) (i) Subject to the maximum limit under Subsection (3)(c)(iii), the Legislature shall
8213     annually determine the contribution amount that an employer shall provide to each qualifying
8214     employee under Subsection (2).
8215          (ii) The department shall make recommendations annually to the Legislature on the
8216     contribution amount required under Subsection (2), in consultation with the Governor's Office
8217     of [Management] Planning and Budget and the Division of Finance.
8218          (iii) The biweekly matching contribution amount required under Subsection (2) may
8219     not exceed $26 for each qualifying employee.
8220          (4) A qualifying employee is eligible to receive the biweekly contribution under this
8221     section for any pay period in which the employee is in a paid status or other status protected by
8222     federal or state law.
8223          (5) The employer and employee contributions made and related earnings under this
8224     section vest immediately upon deposit and can be withdrawn by the employee at any time,
8225     subject to Internal Revenue Code regulations on the withdrawals.
8226          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
8227     executive director shall make rules establishing procedures to implement the provisions of this
8228     section.
8229          Section 112. Section 67-19d-202 is amended to read:
8230          67-19d-202. Board of trustees of the State Post-Retirement Benefits Trust Fund
8231     and the Elected Official Post-Retirement Benefits Trust Fund.
8232          (1) (a) There is created a board of trustees of the State Post-Retirement Benefits Trust
8233     Fund and the Elected Official Post-Retirement Benefits Trust Fund composed of three
8234     members:
8235          (i) the state treasurer or designee;
8236          (ii) the director of the Division of Finance or designee; and

8237          (iii) the executive director of the Governor's Office of [Management] Planning and
8238     Budget or designee.
8239          (b) The state treasurer is chair of the board.
8240          (c) Three members of the board are a quorum.
8241          (d) A member may not receive compensation or benefits for the member's service, but
8242     may receive per diem and travel expenses in accordance with:
8243          (i) Section 63A-3-106;
8244          (ii) Section 63A-3-107; and
8245          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
8246     63A-3-107.
8247          (e) (i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the
8248     board of trustees.
8249          (ii) The Division of Finance shall provide accounting services for the trust fund.
8250          (2) The board shall:
8251          (a) on behalf of the state, act as trustee of the State Post-Retirement Benefits Trust
8252     Fund created under Section 67-19d-201 and the Elected Official Post-Retirement Benefits
8253     Trust Fund created under Section 67-19d-201.5 and exercise the state's fiduciary
8254     responsibilities;
8255          (b) meet at least twice per year;
8256          (c) review and approve all policies, projections, rules, criteria, procedures, forms,
8257     standards, performance goals, and actuarial reports;
8258          (d) review and approve the budget for each trust fund described under Subsection
8259     (2)(a);
8260          (e) review financial records for each trust fund described under Subsection (2)(a),
8261     including trust fund receipts, expenditures, and investments;
8262          (f) commission and obtain actuarial studies of the liabilities for each trust fund
8263     described under Subsection (2)(a);

8264          (g) for purposes of the State Post-Retirement Benefits Trust Fund, establish labor
8265     additive rates to charge all federal, state, and other programs to cover:
8266          (i) the annual required contribution as determined by actuary; and
8267          (ii) the administrative expenses of the trust fund; and
8268          (h) do any other things necessary to perform the state's fiduciary obligations under each
8269     trust fund described under Subsection (2)(a).
8270          (3) The attorney general shall:
8271          (a) act as legal counsel and provide legal representation to the board of trustees; and
8272          (b) attend, or direct an attorney from the Office of the Attorney General to attend, each
8273     meeting of the board of trustees.
8274          Section 113. Section 67-19f-202 is amended to read:
8275          67-19f-202. Board of trustees of the State Employees' Annual Leave Trust Fund.
8276          (1) (a) There is created a board of trustees of the State Employees' Annual Leave Trust
8277     Fund composed of the following three members:
8278          (i) the state treasurer or the state treasurer's designee;
8279          (ii) the director of the Division of Finance or the director's designee; and
8280          (iii) the executive director of the Governor's Office of [Management] Planning and
8281     Budget or the executive director's designee.
8282          (b) The state treasurer is chair of the board.
8283          (c) Three members of the board is a quorum.
8284          (d) A member may not receive compensation or benefits for the member's service, but
8285     may receive per diem and travel expenses as allowed in:
8286          (i) Section 63A-3-106;
8287          (ii) Section 63A-3-107; and
8288          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
8289     63A-3-107.
8290          (e) (i) Except as provided in Subsection (1)(e)(ii), the state treasurer shall staff the

8291     board of trustees.
8292          (ii) The Division of Finance shall provide accounting services for the trust fund.
8293          (2) The board shall:
8294          (a) on behalf of the state, act as trustee of the trust fund created under Section
8295     67-19f-201 and exercise the state's fiduciary responsibilities;
8296          (b) meet at least twice per year;
8297          (c) review and approve the policies, projections, rules, criteria, procedures, forms,
8298     standards, performance goals, and actuarial reports for the trust fund;
8299          (d) review and approve the budget for the trust fund;
8300          (e) review financial records for the trust fund, including trust fund receipts,
8301     expenditures, and investments; and
8302          (f) do any other things necessary to perform the state's fiduciary obligations under the
8303     trust fund.
8304          (3) The board may:
8305          (a) commission and obtain actuarial studies of the liabilities for the trust fund; and
8306          (b) for purposes of the trust fund, establish labor additive rates to charge for the
8307     administrative expenses of the trust fund.
8308          (4) The attorney general shall:
8309          (a) act as legal counsel and provide legal representation to the board of trustees; and
8310          (b) attend, or direct an attorney from the Office of the Attorney General to attend, each
8311     meeting of the board of trustees.
8312          Section 114. Section 67-22-2 is amended to read:
8313          67-22-2. Compensation -- Other state officers.
8314          (1) As used in this section:
8315          (a) "Appointed executive" means the:
8316          (i) commissioner of the Department of Agriculture and Food;
8317          (ii) commissioner of the Insurance Department;

8318          (iii) commissioner of the Labor Commission;
8319          (iv) director, Department of Alcoholic Beverage Control;
8320          (v) commissioner of the Department of Financial Institutions;
8321          (vi) executive director, Department of Commerce;
8322          (vii) executive director, Commission on Criminal and Juvenile Justice;
8323          (viii) adjutant general;
8324          (ix) executive director, Department of Heritage and Arts;
8325          (x) executive director, Department of Corrections;
8326          (xi) commissioner, Department of Public Safety;
8327          (xii) executive director, Department of Natural Resources;
8328          (xiii) executive director, Governor's Office of [Management] Planning and Budget;
8329          (xiv) executive director, Department of Administrative Services;
8330          (xv) executive director, Department of Human Resource Management;
8331          (xvi) executive director, Department of Environmental Quality;
8332          (xvii) director, Governor's Office of Economic Development;
8333          (xviii) executive director, Utah Science Technology and Research Governing
8334     Authority;
8335          (xix) executive director, Department of Workforce Services;
8336          (xx) executive director, Department of Health, Nonphysician;
8337          (xxi) executive director, Department of Human Services;
8338          (xxii) executive director, Department of Transportation;
8339          (xxiii) executive director, Department of Technology Services; [and]
8340          (xxiv) executive director, Department of Veterans and Military Affairs[.]; and
8341          (xxv) executive director, Public Lands Policy Coordinating Office, created in Section
8342     63L-11-201.
8343          (b) "Board or commission executive" means:
8344          (i) members, Board of Pardons and Parole;

8345          (ii) chair, State Tax Commission;
8346          (iii) commissioners, State Tax Commission;
8347          (iv) executive director, State Tax Commission;
8348          (v) chair, Public Service Commission; and
8349          (vi) commissioners, Public Service Commission.
8350          (c) "Deputy" means the person who acts as the appointed executive's second in
8351     command as determined by the Department of Human Resource Management.
8352          (2) (a) The executive director of the Department of Human Resource Management
8353     shall:
8354          (i) before October 31 of each year, recommend to the governor a compensation plan for
8355     the appointed executives and the board or commission executives; and
8356          (ii) base those recommendations on market salary studies conducted by the Department
8357     of Human Resource Management.
8358          (b) (i) The Department of Human Resource Management shall determine the salary
8359     range for the appointed executives by:
8360          (A) identifying the salary range assigned to the appointed executive's deputy;
8361          (B) designating the lowest minimum salary from those deputies' salary ranges as the
8362     minimum salary for the appointed executives' salary range; and
8363          (C) designating 105% of the highest maximum salary range from those deputies' salary
8364     ranges as the maximum salary for the appointed executives' salary range.
8365          (ii) If the deputy is a medical doctor, the Department of Human Resource Management
8366     may not consider that deputy's salary range in designating the salary range for appointed
8367     executives.
8368          (c) (i) Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for
8369     board or commission executives, the Department of Human Resource Management shall set
8370     the maximum salary in the salary range for each of those positions at 90% of the salary for
8371     district judges as established in the annual appropriation act under Section 67-8-2.

8372          (ii) In establishing the salary ranges for an individual described in Subsection (1)(b)(ii)
8373     or (iii), the Department of Human Resource Management shall set the maximum salary in the
8374     salary range for each of those positions at 100% of the salary for district judges as established
8375     in the annual appropriation act under Section 67-8-2.
8376          (3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a
8377     specific salary for each appointed executive within the range established under Subsection
8378     (2)(b).
8379          (ii) If the executive director of the Department of Health is a physician, the governor
8380     shall establish a salary within the highest physician salary range established by the Department
8381     of Human Resource Management.
8382          (iii) The governor may provide salary increases for appointed executives within the
8383     range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
8384          (b) The governor shall apply the same overtime regulations applicable to other FLSA
8385     exempt positions.
8386          (c) The governor may develop standards and criteria for reviewing the appointed
8387     executives.
8388          (4) Salaries for other Schedule A employees, as defined in Section 67-19-15, that are
8389     not provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial
8390     Salary Act, shall be established as provided in Section 67-19-15.
8391          (5) (a) The Legislature fixes benefits for the appointed executives and the board or
8392     commission executives as follows:
8393          (i) the option of participating in a state retirement system established by Title 49, Utah
8394     State Retirement and Insurance Benefit Act, or in a deferred compensation plan administered
8395     by the State Retirement Office in accordance with the Internal Revenue Code and its
8396     accompanying rules and regulations;
8397          (ii) health insurance;
8398          (iii) dental insurance;

8399          (iv) basic life insurance;
8400          (v) unemployment compensation;
8401          (vi) workers' compensation;
8402          (vii) required employer contribution to Social Security;
8403          (viii) long-term disability income insurance;
8404          (ix) the same additional state-paid life insurance available to other noncareer service
8405     employees;
8406          (x) the same severance pay available to other noncareer service employees;
8407          (xi) the same leave, holidays, and allowances granted to Schedule B state employees as
8408     follows:
8409          (A) sick leave;
8410          (B) converted sick leave if accrued prior to January 1, 2014;
8411          (C) educational allowances;
8412          (D) holidays; and
8413          (E) annual leave except that annual leave shall be accrued at the maximum rate
8414     provided to Schedule B state employees;
8415          (xii) the option to convert accumulated sick leave to cash or insurance benefits as
8416     provided by law or rule upon resignation or retirement according to the same criteria and
8417     procedures applied to Schedule B state employees;
8418          (xiii) the option to purchase additional life insurance at group insurance rates according
8419     to the same criteria and procedures applied to Schedule B state employees; and
8420          (xiv) professional memberships if being a member of the professional organization is a
8421     requirement of the position.
8422          (b) Each department shall pay the cost of additional state-paid life insurance for its
8423     executive director from its existing budget.
8424          (6) The Legislature fixes the following additional benefits:
8425          (a) for the executive director of the State Tax Commission a vehicle for official and

8426     personal use;
8427          (b) for the executive director of the Department of Transportation a vehicle for official
8428     and personal use;
8429          (c) for the executive director of the Department of Natural Resources a vehicle for
8430     commute and official use;
8431          (d) for the commissioner of Public Safety:
8432          (i) an accidental death insurance policy if POST certified; and
8433          (ii) a public safety vehicle for official and personal use;
8434          (e) for the executive director of the Department of Corrections:
8435          (i) an accidental death insurance policy if POST certified; and
8436          (ii) a public safety vehicle for official and personal use;
8437          (f) for the adjutant general a vehicle for official and personal use; and
8438          (g) for each member of the Board of Pardons and Parole a vehicle for commute and
8439     official use.
8440          Section 115. Section 79-2-201 is amended to read:
8441          79-2-201. Department of Natural Resources created.
8442          (1) There is created the Department of Natural Resources.
8443          (2) The department comprises the following:
8444          (a) Board of Water Resources, created in Section 73-10-1.5;
8445          (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
8446          (c) Board of Parks and Recreation, created in Section 79-4-301;
8447          (d) Wildlife Board, created in Section 23-14-2;
8448          (e) Board of the Utah Geological Survey, created in Section 79-3-301;
8449          (f) Water Development Coordinating Council, created in Section 73-10c-3;
8450          (g) Division of Water Rights, created in Section 73-2-1.1;
8451          (h) Division of Water Resources, created in Section 73-10-18;
8452          (i) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;

8453          (j) Division of Oil, Gas, and Mining, created in Section 40-6-15;
8454          (k) Division of Parks and Recreation, created in Section 79-4-201;
8455          (l) Division of Wildlife Resources, created in Section 23-14-1;
8456          (m) Utah Geological Survey, created in Section 79-3-201;
8457          (n) Heritage Trees Advisory Committee, created in Section 65A-8-306;
8458          (o) Recreational Trails Advisory Council, authorized by Section 79-5-201;
8459          (p) Boating Advisory Council, authorized by Section 73-18-3.5;
8460          (q) Wildlife Board Nominating Committee, created in Section 23-14-2.5;
8461          (r) Wildlife Regional Advisory Councils, created in Section 23-14-2.6;
8462          (s) Utah Watersheds Council, created in Section 73-10g-304; [and]
8463          (t) Utah Natural Resources Legacy Fund Board, created in Section 23-31-202[.]; and
8464          (u) Public Lands Policy Coordinating Office created in Section 63L-11-201.
8465          Section 116. Repealer.
8466          This bill repeals:
8467          Section 63J-4-701, Definitions.
8468          Section 63J-4-702, Employability to Careers Program Board.
8469          Section 63J-4-703, Employability to Careers Program Restricted Account.
8470          Section 63J-4-704, Results-based contracts -- Board duties.
8471          Section 63J-4-705, Employability to Careers Program.
8472          Section 63J-4-706, Feasibility analysis.
8473          Section 63J-4-707, Components of an education, employability training, and
8474     workforce placement program.
8475          Section 63J-4-708, Reporting.
8476          Section 117. Intent language.
8477          It is the intent of the Legislature that:
8478          (1) the Division of Finance transfer any money remaining in the Employability to
8479     Careers Restricted Account at the end of fiscal year 2021 to the General Fund; and

8480          (2) notwithstanding the effective date of this bill, agencies may take until July 1, 2022
8481     to update the financial and information systems to come into full compliance with the
8482     provisions of this bill.
8483          Section 118. Appropriation.
8484          The following sums of money are appropriated for the fiscal year beginning July 1,
8485     2021, and ending June 30, 2022. These are additions to the amounts previously appropriated
8486     for fiscal year 2022. Under the terms and conditions of Title 63J, Chapter 1, Budgetary
8487     Procedures Act, the Legislature appropriates the following sums of money from the funds or
8488     accounts indicated for the use and support of the government of the state of Utah.
8489     ITEM 1
8490          To the Public Lands Policy Coordinating Office
8491               From General Fund
($2,685,100)

8492               From General Fund, One-Time
($5,100)

8493               From General Fund Restricted - Constitutional Defense
($1,227,300)

8494               From General Fund Restricted - Constitutional Defense, One-Time
($2,300)

8495               From Beginning Nonlapsing Balances
($2,559,900)

8496               From Closing Nonlapsing Balances
$2,189,900

8497               Schedule of Programs:
8498                    Public Lands Policy Coordinating Office     ($4,289,800)
8499     ITEM 2
8500          To the Department of Natural Resources - Public Lands Policy Coordinating Office
8501               From General Fund
$2,685,100

8502               From General Fund, One-Time
$5,100

8503               From General Fund Restricted - Constitutional Defense
$1,227,300

8504               From General Fund Restricted - Constitutional Defense, One-Time
$2,300

8505               From Beginning Nonlapsing Balances
$2,559,900

8506               From Closing Nonlapsing Balances
($2,189,900)


8507               Schedule of Programs:
8508                    Public Lands Policy Coordinating Office     $4,289,800
8509          The Legislature intends that, at the close of fiscal year 2021 accounting, the Division of
8510     Finance transfer any fiscal year 2021 closing nonlapsing balances in the Public Lands Policy
8511     Coordinating Office to the Department of Natural Resources - Public Lands Policy
8512     Coordinating Office, as fiscal year 2022 beginning nonlapsing balances.
8513          Section 119. Effective date.
8514          This bill takes effect on July 1, 2021.
8515          Section 120. Revisor instructions.
8516          The Legislature intends that the Office of Legislative Research and General Counsel, in
8517     preparing the Utah Code database for publication, on May 5, 2021, replace "Management and
8518     Budget," when referring to the Governor's Office of Management and Budget, with "Planning
8519     and Budget" in any new language added to the Utah Code by legislation passed during the 2021
8520     General Session.
8521          Section 121. Coordinating H.B. 368 with H.B. 347 -- Substantive and technical
8522     changes.
8523          If this H.B. 368 and H.B. 347, Homeless Services Amendments, both pass and become
8524     law, it is the intent of the Legislature that the Office of Legislative Research and General
8525     Counsel shall prepare the Utah Code database for publication by amending Subsection
8526     63J-4-202(1)(a) to read:
8527          "(1)(a) The governor shall appoint, to serve at the governor's pleasure:
8528          (i) an executive director of the office; and
8529          (ii) a state homelessness coordinator.".
8530          Section 122. Coordinating H.B. 368 with S.B. 21 -- Substantive and technical
8531     changes.
8532          If this H.B. 368 and S.B. 21, Federal Land Application Advisory Committee Sunset
8533     Extension, both pass and become law, it is the intent of the Legislature that the Office of

8534     Legislative Research and General Counsel shall prepare the Utah Code database for publication
8535     by amending Subsection 63I-1-263(22) to read:
8536          "(22) [Subsection 63J-4-608(3), which creates the Federal Land Application Advisory
8537     Committee, is repealed] In relation to the advisory committee created in Subsection
8538     63L-11-305(3), on July 1, [2021.] 2022:
8539          (a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed; and
8540          (b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.".
8541          Section 123. Coordinating H.B. 368 with H.B. 313 -- Technical change.
8542          If this H.B. 368 and H.B. 313, Heritage and Arts Amendments, both pass and become
8543     law, it is the intent of the Legislature that the Office of Legislative Research and General
8544     Counsel shall prepare the Utah Code database for publication by amending Subsection
8545     63L-11-402(1)(c) to read:
8546          "(c) a representative from the Department of [Heritage and Arts] Cultural and
8547     Community Engagement appointed by the executive director of the Department of Cultural and
8548     Community Engagement.".
8549          Section 124. Coordinating H.B. 368 with H.B. 346 -- Technical change.
8550          If this H.B. 368 and H.B. 346, Natural Resources Entities Amendments, both pass and
8551     become law, it is the intent of the Legislature that the Office of Legislative Research and
8552     General Counsel shall prepare the Utah Code database for publication by amending Subsection
8553     63L-11-402(1)(p) to read:
8554          "(p) a representative from the Division of Parks [and Recreation] appointed by the
8555     director of the Division of Parks;
8556          (q) a representative from the Division of Recreation appointed by the director of the
8557     Division of Recreation;".