1     
STATE MONUMENTS ACT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     Committee Note:
9          The Natural Resources, Agriculture, and Environment Interim Committee
10     recommended this bill.
11               Legislative Vote:     15 voting for     0 voting against     3 absent
12     General Description:
13          This bill makes changes to the State Monuments Act.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms;
17          ▸     amends the procedure for considering a proposed state monument;
18          ▸     repeals sections related to the procedure for considering a proposed state monument
19     and the management of a state monument; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          79-4-1202, as enacted by Laws of Utah 2019, Chapter 360
28          79-4-1203, as enacted by Laws of Utah 2019, Chapter 360
29          79-4-1208, as enacted by Laws of Utah 2019, Chapter 360
30     REPEALS:
31          79-4-1204, as enacted by Laws of Utah 2019, Chapter 360
32          79-4-1205, as enacted by Laws of Utah 2019, Chapter 360
33          79-4-1207, as enacted by Laws of Utah 2019, Chapter 360
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 79-4-1202 is amended to read:
37          79-4-1202. Definitions.
38          As used in this [section] part:
39          (1) "Application" means a written application that an individual, non-profit
40     corporation, government agency, county council or commission, tribal entity, historical society,
41     preservation organization, or other interested group may submit to the division to nominate a
42     historic landmark, historic or prehistoric structure, geologic formation, cultural site, or
43     archaeological resource for designation as a state monument.
44          [(1)] (2) "Committee" means the Natural Resources, Agriculture, and Environment
45     Interim Committee or the House or Senate Natural Resources, Agriculture, and Environment
46     Standing Committee.
47          [(2)] (3) "State monument" means public land:
48          (a) owned or managed by the state;
49          (b) designated by the state for preservation of a historic landmark, historic or
50     prehistoric structure, geologic formation, cultural site, or archeological resource; and
51          (c) confined to the smallest area compatible with proper care and management of the
52     historic landmark, historic or prehistoric structure, geologic formation, cultural site, or
53     archeological resource to be protected.
54          Section 2. Section 79-4-1203 is amended to read:
55          79-4-1203. Division duties -- Committee duties.
56          [(1) (a) The division shall periodically:]
57          [(i) evaluate state property for potential designation as a state monument; and]
58          (1) (a) When the division receives a completed application, the division shall:
59          (i) evaluate the application;
60          (ii) as applicable, comply with the requirements described in Subsections (2) through
61     (5); and
62          (iii) provide a written report to a committee that includes:
63          [(ii)] (A) [report] the results of the evaluation described in Subsection (1)(a)(i)
64      [to the committee.];
65          (B) all resolutions described in Subsections (2) and (3);
66          (C) all comments submitted by a legislator under Subsection (4); and
67          (D) the results of the division's consultation with a state agency under Subsection (5).
68          (b) The division may:
69          (i) evaluate private and federal land with the potential to be purchased by, transferred
70     to, or leased to, the state for potential designation as a state monument; and
71          (ii) enter into negotiations with the relevant federal agency or private entity to pursue
72     the transfer, sale, or lease of federal land for the proposed state monument, as appropriations
73     allow.
74          (2) (a) The division shall submit a completed application and the results of the
75     division's evaluation of the application to the legislative body of all counties that will contain
76     some or all of the proposed state monument within the county's geographic borders.
77          (b) No later than 45 days after the day on which a county's legislative body receives the
78     information described in Subsection (2)(a), the county legislative body shall:
79          (i) adopt a resolution stating the county's support for or opposition to the proposed state
80     monument; and
81          (ii) submit the resolution to the division.
82          (3) (a) The division shall submit a completed application and the results of the
83     division's evaluation of the application to the legislative body of any municipality that will
84     contain some or all of the proposed state monument within the municipality's geographic
85     borders.
86          (b) Within 45 days after the day on which a municipality's legislative body receives the
87     information described in Subsection (3)(a), the municipality's legislative body shall:
88          (i) adopt a resolution stating the municipality's support for or opposition to the
89     proposed state monument; and
90          (ii) submit the resolution to the division.
91          (4) The division shall:
92          (a) submit a completed application and the results of the division's evaluation of the
93     application to each legislator whose legislative district is located partially or wholly within the
94     geographic borders of the proposed state monument; and
95          (b) invite the legislators to submit comments on the proposed state monument.
96          (5) (a) If any part of a proposed state monument would fall within the jurisdictional
97     boundaries of a state agency other than the division, the division shall consult with the state
98     agency regarding the proposed state monument.
99          (b) A committee may not recommend a proposed state monument to the Legislature if
100     designating the state monument may cause a state agency to breach a fiduciary, contractual, or
101     other legal obligation governing management or use of land that would be included within the
102     geographic borders of the state monument.
103          [(2)] (6) [The division shall make rules, in] In accordance with Title 63G, Chapter 3,
104     Utah Administrative Rulemaking Act, the division may make rules and prescribe forms for the
105     submission of an application and for the administration of a state monument, subject to valid
106     existing rights and Section 79-4-1208.
107          (7) Except as provided in Subsection (8), after receiving and reviewing a report
108     described in Subsection (1)(a)(iii), a committee shall:
109          (a) recommend the proposed state monument to the Legislature pursuant to Section
110     79-4-1206;
111          (b) return the proposed state monument to the division for further study and evaluation;
112     or
113          (c) reject the proposed state monument.
114          (8) If a county or municipality adopts a resolution opposing a proposed state monument
115     under Subsection (2) or (3), a committee may not recommend the proposed state monument to
116     the Legislature.
117          Section 3. Section 79-4-1208 is amended to read:
118          79-4-1208. Management.
119          (1) (a) Subject to Subsection (2), the division [may be] is responsible for the
120     management of a state monument [or].
121          (b) The division may contract with another organization, agency, or entity for
122     management services related to the management of a state monument.
123          (2) Upon Title 63L, Chapter 8, Utah Public Land Management Act, becoming effective
124     as described in Section 63L-8-602, the government entity responsible for management of the
125     public lands [shall: (a) be] is responsible for the management of a state monument[; and].
126          [(b) provide staff support to a management committee created in Section 79-4-1207. ]
127          Section 4. Repealer.
128          This bill repeals:
129          Section 79-4-1204, County proposal.
130          Section 79-4-1205, Report.
131          Section 79-4-1207, Management committee.