1     
FEDERAL LAND DISPOSAL LAW AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brady Brammer

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the Public Lands Policy Coordinating Office's
10     activities related to federal land disposal laws.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals the advisory committee and related provisions;
14          ▸     clarifies reporting;
15          ▸     authorizes the Public Lands Policy Coordinating Office to take action related to the
16     filing and processing of federal land applications;
17          ▸     permits agreements with the Secretary of the Interior; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          63I-1-263, as last amended by Laws of Utah 2021, Chapters 70, 72, 84, 90, 171, 196,
26     260, 280, 282, 345, 382, 401, 421 and last amended by Coordination Clause, Laws
27     of Utah 2021, Chapter 382
28          63L-11-305, as last amended by Laws of Utah 2021, Chapter 280 and renumbered and
29     amended by Laws of Utah 2021, Chapter 382
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 63I-1-263 is amended to read:
33          63I-1-263. Repeal dates, Titles 63A to 63N.
34          (1) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
35          (a) Section 63A-16-102 is repealed;
36          (b) Section 63A-16-201 is repealed; and
37          (c) Section 63A-16-202 is repealed.
38          (2) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
39     improvement funding, is repealed July 1, 2024.
40          (3) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
41     2023.
42          (4) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
43     Committee, are repealed July 1, 2023.
44          (5) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
45     1, 2028.
46          (6) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
47     2025.
48          (7) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed July 1,
49     2024.
50          (8) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
51     repealed July 1, 2023.
52          (9) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is repealed
53     July 1, 2023.
54          (10) Title 63C, Chapter 23, Education and Mental Health Coordinating Council, is
55     repealed July 1, 2026.
56          (11) Title 63A, Chapter 16, Part 7, Data Security Management Council, is repealed
57     July 1, 2025.
58          (12) Section 63G-6a-805, which creates the Purchasing from Persons with Disabilities
59     Advisory Board, is repealed July 1, 2026.
60          (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
61     2025.
62          (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
63     2024.
64          (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
65          (16) Subsection 63J-1-602.1(17), Nurse Home Visiting Restricted Account is repealed
66     July 1, 2026.
67          (17) (a) Subsection 63J-1-602.1(61), relating to the Utah Statewide Radio System
68     Restricted Account, is repealed July 1, 2022.
69          (b) When repealing Subsection 63J-1-602.1(61), the Office of Legislative Research and
70     General Counsel shall, in addition to the office's authority under Subsection 36-12-12(3), make
71     necessary changes to subsection numbering and cross references.
72          (18) Subsection 63J-1-602.2(5), referring to dedicated credits to the Utah Marriage
73     Commission, is repealed July 1, 2023.
74          (19) Subsection 63J-1-602.2(6), referring to the Trip Reduction Program, is repealed
75     July 1, 2022.
76          (20) Subsection 63J-1-602.2(24), related to the Utah Seismic Safety Commission, is
77     repealed January 1, 2025.
78          (21) Title 63J, Chapter 4, Part 5, Resource Development Coordinating Committee, is
79     repealed July 1, 2027.
80          [(22) In relation to the advisory committee created in Subsection 63L-11-305(3), on
81     July 1, 2022:]
82          [(a) Subsection 63L-11-305(1)(a), which defines "advisory committee," is repealed;
83     and]
84          [(b) Subsection 63L-11-305(3), which creates the advisory committee, is repealed.]
85          [(23)] (22) In relation to the Utah Substance Use and Mental Health Advisory Council,
86     on January 1, 2023:
87          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
88     repealed;
89          (b) Section 63M-7-305, the language that states "council" is replaced with
90     "commission";
91          (c) Subsection 63M-7-305(1) is repealed and replaced with:
92          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
93          (d) Subsection 63M-7-305(2) is repealed and replaced with:
94          "(2) The commission shall:
95          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
96     Drug-Related Offenses Reform Act; and
97          (b) coordinate the implementation of Section 77-18-104 and related provisions in
98     Subsections 77-18-103(2)(c) and (d).".
99          [(24)] (23) The Crime Victim Reparations and Assistance Board, created in Section
100     63M-7-504, is repealed July 1, 2027.
101          [(25)] (24) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
102     July 1, 2022.
103          [(26)] (25) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
104     2026.
105          [(27)] (26) Title 63N, Chapter 1, Part 5, Governor's Economic Development
106     Coordinating Council, is repealed July 1, 2024.
107          [(28)] (27) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
108          [(29)] (28) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
109     July 1, 2028.
110          [(30)] (29) (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
111     January 1, 2021.
112          (b) Section 59-9-107 regarding tax credits against premium taxes is repealed for
113     calendar years beginning on or after January 1, 2021.
114          (c) Notwithstanding Subsection [(30)] (29)(b), an entity may carry forward a tax credit
115     in accordance with Section 59-9-107 if:
116          (i) the person is entitled to a tax credit under Section 59-9-107 on or before December
117     31, 2020; and
118          (ii) the qualified equity investment that is the basis of the tax credit is certified under
119     Section 63N-2-603 on or before December 31, 2023.
120          [(31)] (30) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
121     repealed July 1, 2023.
122          [(32)] (31) Title 63N, Chapter 7, Part 1, Board of Tourism Development, is repealed
123     July 1, 2025.
124          [(33)] (32) Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
125     Program, is repealed January 1, 2028.
126          Section 2. Section 63L-11-305 is amended to read:
127          63L-11-305. Facilitating the acquisition of federal land.
128          (1) As used in this section:
129          [(a) "Advisory committee" means the committee established under Subsection (3).]
130          [(b)] (a) "Federal land" means land that the secretary is authorized to dispose of under
131     the federal land disposal law.
132          [(c)] (b) "Federal land disposal law" means the Recreation and Public Purposes Act, 43
133     U.S.C. Sec. 869 et seq.
134          [(d)] (c) "Government entity" means any state or local government entity allowed to
135     submit a land application under the federal land disposal law.
136          [(e)] (d) "Land application" means an application under the federal land disposal law
137     requesting the secretary to sell or lease federal land.
138          [(f)] (e) "Land application process" means [all] the actions involved in the process of
139     submitting and obtaining a final decision on a land application.
140          [(g)] (f) "Secretary" means the Secretary of the Interior of the United States.
141          (2) The office shall:
142          (a) develop expertise:
143          (i) in the land application process; and
144          (ii) concerning the factors that tend to increase the chances that a land application will
145     result in the secretary selling or leasing federal land as requested in the land application;
146          (b) work to educate government entities concerning:
147          (i) the availability of federal land pursuant to the federal land disposal law; and
148          (ii) the land application process;
149          (c) advise and consult with a government entity that requests assistance from the office
150     to formulate and submit a land application and to pursue a decision on the land application;
151          (d) advise and consult with a government entity that requests assistance from the office
152     to identify and quantify the amount of any funds needed to provide the public use described in
153     a land application;
154          [(e) with the advice and recommendations of the advisory committee:]
155          [(i)] (e) adopt a list of factors to be considered in determining the degree to which a
156     land application or potential land application is in the public interest; [and]
157          [(ii)] (f) recommend a prioritization of [all] land applications or potential land
158     applications in the state according to the extent to which the land applications are in the public
159     interest, based on the factors adopted under Subsection (2)(e)[(i)];
160          [(f)] (g) prepare and submit a written report of land applications:
161          (i) to the Natural Resources, Agriculture, and Environment Interim Committee and the
162     Federalism Commission;
163          (ii) (A) annually no later than August 31; and
164          (B) at other times, if and as requested by the committee or commission; and
165          (iii) (A) on the activities of the office under this section;
166          (B) on the land applications and potential land applications in the state; [and]
167          (C) on the decisions of the secretary on land applications submitted by government
168     entities in the state; and
169          (D) the quantity of land acquired under the land applications;
170          [(g)] (h) present a summary of information contained in the report described in
171     Subsection (2)[(f)](g):
172          (i) at a meeting of the Natural Resources, Agriculture, and Environment Interim
173     Committee and at a meeting of the Federalism Commission;
174          (ii) annually no later than August 31; and
175          (iii) at other times, if and as requested by the committee or commission; and
176          [(h)] (i) report to the Executive Appropriations Committee of the Legislature, as
177     frequently as the executive director considers appropriate or as requested by the [committee]
178     Executive Appropriations Committee, on the need for legislative appropriations to provide
179     funds for the public purposes described in land applications.
180          [(3) (a) There is created an advisory committee comprised of:]
181          [(i) an individual designated by the chairs of the Federalism Commission;]
182          [(ii) an individual designated by the director of the Division of Facilities Construction
183     and Management;]
184          [(iii) a representative of the Antiquities Section, created in Section 9-8-304, designated
185     by the director of the Division of State History;]
186          [(iv) a representative of municipalities designated by the Utah League of Cities and
187     Towns;]
188          [(v) a representative of counties designated by the Utah Association of Counties;]
189          [(vi) an individual designated by the Governor's Office of Economic Opportunity; and]
190          [(vii) an individual designated by the director of the Division of State Parks, created in
191     Section 79-4-201.]
192          [(b) The seven members of the advisory committee under Subsection (3)(a) may, by
193     majority vote, appoint up to four additional volunteer members of the advisory committee.]
194          [(c) The advisory committee shall advise and provide recommendations to the office
195     on:]
196          [(i) factors the office should consider in determining the degree to which a land
197     application or potential land application is in the public interest; and]
198          [(ii) the prioritization of land applications or potential land applications in the state
199     according to the extent to which the land applications are in the public interest, based on the
200     factors adopted under Subsection (2)(e)(i).]
201          [(d) A member of the advisory committee may not receive compensation, benefits, or
202     expense reimbursement for the member's service on the advisory committee.]
203          [(e) The advisory committee may:]
204          [(i) select a chair from among the advisory committee members; and]
205          [(ii) meet as often as necessary to perform the advisory committee's duties under this
206     section.]
207          [(f) The executive director shall facilitate the convening of the first meeting of the
208     advisory committee.]
209          (3) The office may:
210          (a) assist a government entity or the secretary in the filing and processing of a land
211     application; and
212          (b) enter into an agreement with the secretary related to the office assisting in
213     processing a land application.