1     
OUTDOOR RECREATION MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carl R. Albrecht

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to outdoor recreation grant programs.
10     Highlighted Provisions:
11          This bill:
12          ▸     increases the amount that may be used each fiscal year for the Recreation
13     Restoration Infrastructure Grant Program;
14          ▸     amends the types of entities that are eligible to receive an infrastructure grant
15     through the Outdoor Recreational Infrastructure Grant Program; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          79-8-202, as last amended by Laws of Utah 2022, Chapter 68
24          79-8-402, as renumbered and amended by Laws of Utah 2022, Chapter 68
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 79-8-202 is amended to read:
28          79-8-202. Creation of grant program.
29          (1) (a) There is created the "Recreation Restoration Infrastructure Grant Program"

30     administered by the division.
31          (b) Subject to Subsection (1)(c), [5% percent] 15% of the unencumbered amount in the
32     Outdoor Recreation Infrastructure Account, created in Section 79-8-106, at the beginning of
33     each fiscal year may be used for the grant program.
34          (c) The percentage outlined in Subsection (1)(b) may be increased or decreased at the
35     beginning of a fiscal year if approved by the executive director after consultation with the
36     director and the advisory committee.
37          (2) The division may seek to accomplish the following objectives in administering the
38     grant program:
39          (a) rehabilitate or restore high priority trails for both motorized and nonmotorized uses;
40          (b) rehabilitate or restore high demand recreation areas on public lands; and
41          (c) encourage the public land entities to engage with volunteer groups to aid with
42     portions of needed trail work.
43          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
44     division shall make rules, after consulting with the advisory committee, establishing the
45     eligibility and reporting criteria for an entity to receive a recreation restoration infrastructure
46     grant, including:
47          (a) the form and process of submitting annual project proposals to the division for a
48     recreation restoration infrastructure grant;
49          (b) which entities are eligible to apply for a recreation restoration infrastructure grant;
50          (c) specific categories of recreation restoration projects that are eligible for a recreation
51     restoration infrastructure grant;
52          (d) the method and formula for determining recreation restoration infrastructure grant
53     amounts; and
54          (e) the reporting requirements of a recipient of a recreation restoration infrastructure
55     grant.
56          Section 2. Section 79-8-402 is amended to read:
57          79-8-402. Rulemaking and requirements for awarding an infrastructure grant.

58          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
59     after consultation with the advisory committee, the division shall make rules establishing the
60     eligibility and reporting criteria for an entity to receive an infrastructure grant, including:
61          (a) the form and process of submitting an application to the division for an
62     infrastructure grant;
63          (b) which entities are eligible to apply for an infrastructure grant;
64          (c) specific categories of recreational infrastructure projects that are eligible for an
65     infrastructure grant;
66          (d) the method and formula for determining grant amounts; and
67          (e) the reporting requirements of grant recipients.
68          (2) In determining the award of an infrastructure grant, the division may prioritize a
69     recreational infrastructure project that will serve an underserved community.
70          (3) An infrastructure grant may only be awarded by the executive director after
71     consultation with the director and the advisory committee.
72          (4) [The following entities ] A for-profit entity may not receive an infrastructure grant
73     under this part[:].
74          [(a) a federal government entity;]
75          [(b) a state agency; and]
76          [(c) a for-profit entity.]
77          (5) An infrastructure grant may only be awarded under this part:
78          (a) for a recreational infrastructure project that is accessible to the general public; and
79          (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
80     funds having a value:
81          (i) equal to or greater than the amount of the infrastructure grant; or
82          (ii) established in accordance with rules made by the division, after consultation with
83     the advisory committee, and in accordance with Title 63G, Chapter 3, Utah Administrative
84     Rulemaking Act.
85          (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be

86     provided through an in-kind contribution by the grant recipient, if:
87          (a) approved by the executive director after consultation with the director and the
88     advisory committee; and
89          (b) the in-kind donation does not include real property.
90          (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
91     recipient match described in Subsection (5)(b), will be used for the purchase of real property or
92     for the purchase or transfer of a conservation easement.