1     
NATIONAL GUARD AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val L. Peterson

5     
Senate Sponsor: Ann Millner

6     

7     LONG TITLE
8     Committee Note:
9          The Veterans and Military Affairs Commission recommended this bill.
10               Membership:     5 legislators     16 non-legislators
11               Total Vote:     19 voting for     0 voting against     2 absent
12               Legislative Vote:     5 voting for     0 voting against     0 absent
13     General Description:
14          This bill makes changes to the State Armory Board and the West Traverse Sentinel
15     Landscape Fund.
16     Highlighted Provisions:
17          This bill:
18          ▸     adds landscape monitoring, community outreach and education, and administrative
19     costs approved by the Utah National Guard as purposes for the fund; and
20          ▸     makes technical corrections to the State Armory Board responsibilities.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          39-2-2, as last amended by Laws of Utah 2016, Chapter 254

28          39-10-105, as enacted by Laws of Utah 2018, Chapter 216
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 39-2-2 is amended to read:
32          39-2-2. Powers of State Armory Board.
33          (1) The board shall supervise and control the armories and arsenals, and all real
34     property held or acquired for the military purposes of the state.
35          (2) The board may:
36          (a) provide suitable armories and arsenals for the different organizations of the
37     National Guard;
38          (b) lease buildings for armory and arsenal purposes throughout the state wherever
39     necessary for the use of organizations of the National Guard and for the storage of state and
40     government property at a rental that the board considers reasonable;
41          (c) erect armories and arsenals at places within the state that it considers necessary
42     upon lands to which it has acquired the legal title;
43          (d) expend military funds to acquire legal title to lands and to construct armories and
44     arsenals;
45          (e) lease [land that it] property that the board holds under Subsection (1) [to
46     Department of Defense agencies for military purposes] for purposes consistent with the
47     mission of the Utah National Guard; and
48          (f) conduct meetings and take official action in person or as necessary via electronic
49     means, including telephone or video teleconferencing, or a combination of these methods.
50          (3) (a) Subject to Subsection (3)(b), the board may take options for the purchase of any
51     premises under lease to the state for armory and arsenal purposes:
52          (i) at any time during the life of the lease; and
53          (ii) when the purchase is in the state's interest.
54          (b) An option is not binding upon the board until it is approved by the Legislature.
55          (4) (a) Before legally binding the state to sell or lease any armory, army premises, or
56     other real property owned by the National Guard, the board shall submit a description of the
57     proposed sale to the Legislative Management Committee for its review and recommendations.
58          (b) Before legally binding the state to purchase any interest in real property, the board

59     shall submit a description of the proposed sale to the Legislative Management Committee for
60     its review and recommendations.
61          (c) The Legislative Management Committee shall review each proposal and may:
62          (i) recommend that the board complete the purchase or sale; or
63          (ii) recommend that the board not complete the purchase or sale.
64          (5) The proceeds from the sales and leases of armories and army [premises] property
65     authorized by this section shall be appropriated to the State Armory Board to be applied toward
66     the acquisition and sale of real property, and the construction of new armories.
67          Section 2. Section 39-10-105 is amended to read:
68          39-10-105. West Traverse Sentinel Landscape Fund.
69          (1) As used in this section:
70          (a) "Committee" means the West Traverse Sentinel Landscape Coordinating
71     Committee created in Section 39-10-103.
72          (b) "Fund" means the West Traverse Sentinel Landscape Fund.
73          (2) There is created a restricted account within the General Fund known as the West
74     Traverse Sentinel Landscape Fund.
75          (3) The fund shall consist of:
76          (a) appropriations from the Legislature; and
77          (b) grants or donations from other public or private sources.
78          (4) The fund shall be administered by the Utah National Guard and the committee.
79          (5) The purpose of the fund shall be to provide:
80          (a) matching funds for established federal funding programs concerning sentinel
81     landscapes;
82          (b) matching funds for local and private funding programs that assist with sentinel
83     landscape designations; [and]
84          (c) incentives for landowners who voluntarily participate in land management practices
85     that are consistent with Camp Williams's military missions[.];
86          (d) sentinel landscape monitoring, community outreach, and education;
87          (e) costs associated with due diligence and administration of purchasing land and
88     easements; and
89          (f) administrative costs as approved by the Utah National Guard and the committee.

90          (6) The committee may make an appropriation request through the Utah National
91     Guard to the Legislature for necessary funds to carry out the committee's purpose.
92          (7) Upon appropriation, funds may only be used for landscapes that qualify under:
93          (a) the Army Compatible Use Buffer Program guidelines or similar regulations as a
94     federal program whose purpose is to secure landscapes that serve to buffer military
95     installations;
96          (b) Internal Revenue Code guidelines in 26 U.S.C. Sec. 170(h); or
97          (c) local municipal or county guidelines established through the committee and
98     consistent with Camp Williams's military mission.
99          [(8) Funds used for projects with matching federal funding may not exceed a 25%
100     match with federal funds.]