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7 LONG TITLE
8 General Description:
9 This bill modifies the administration of state trust lands.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates rulemaking authority for the sale, exchange, lease, or other disposition or
14 conveyance of trust lands;
15 ▸ adds criteria for the sale, lease, exchange, or other disposition of trust lands; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 53C-4-101, as last amended by Laws of Utah 2011, Chapter 247
24 63L-2-201, as last amended by Laws of Utah 2019, Chapter 457
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53C-4-101 is amended to read:
28 53C-4-101. Criteria for sale, lease, exchange, or other disposition of trust lands.
29 (1) (a) The director shall make rules, in accordance with Title 63G, Chapter 3, Utah
30 Administrative Rulemaking Act, to establish criteria [
31 other disposition or conveyance of trust lands, including, procedures [
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33 (i) reflect the value intrinsic to the dispersed pattern of school and institutional trust
34 lands that are surrounded by federal lands;
35 (ii) reflect the Legislature's prioritization of energy and natural resource development;
36 and
37 (iii) conform, to the maximum extent possible, with an affected county's resource
38 management plan.
39 (b) Before executing a transfer of trust lands, the director shall determine the fair
40 market value of the land in accordance with the rules described under Subsection (1).
41 [
42 considered to require the director or the administration to execute any transaction for the
43 disposition of trust lands on terms that the director determines by a written finding to be
44 unfavorable to the beneficiaries.
45 (ii) The director shall send a copy of the written finding to each board member for
46 review and comment.
47 (2) The governor, with the consent of the board, may participate in efforts and
48 initiatives related to school and institutional trust lands inholdings.
49 Section 2. Section 63L-2-201 is amended to read:
50 63L-2-201. Federal government acquisition of real property in the state.
51 (1) As used in this section:
52 (a) "Federal land" means:
53 (i) land owned by the federal government; or
54 (ii) mineral rights, water rights, or similar rights owned by the federal government.
55 [
56 (i) an agency, as that term is defined in Subsection 63G-10-102(2);
57 (ii) the School and Institutional Trust Lands Administration created in Section
58 53C-1-201;
59 (iii) the School and Institutional Trust Lands Board of Trustees created in Section
60 53C-1-202; or
61 (iv) a county.
62 [
63 governmental entity.
64 (d) "Public lands county" means a county that has, by percentage, less private land
65 ownership than the state average as determined by the Utah Geospatial Resource Center.
66 (2) (a) Before legally binding the state by executing an agreement to sell or transfer to
67 the [
68 school and institutional trust lands, a governmental entity shall submit the agreement or
69 proposal:
70 (i) to the Legislature for its approval or rejection; or
71 (ii) in the interim, to the Legislative Management Committee for review of the
72 [
73 (b) The Legislative Management Committee may:
74 (i) [
75 the proposal for constitutional authority to consummate a sale, trade, or cession of state
76 authority over land to the federal government;
77 (ii) recommend that the governmental entity reject the agreement or proposal; or
78 (iii) recommend to the governor that the governor call a special session of the
79 Legislature to review and approve or reject the agreement or proposal.
80 (c) Notwithstanding a recommendation by the Legislative Management Committee in
81 Subsection (2)(b), no sale, trade, transfer, or cession of state authority over land may be made
82 to the federal government unless authorized by the Legislature via joint resolution.
83 (3) Before legally binding the state by executing an agreement to sell or transfer to the
84 [
85 or school and institutional trust lands, a governmental entity shall notify the Natural Resources,
86 Agriculture, and Environment Interim Committee.
87 (4) Notwithstanding Subsections (2) and (3), the Legislature approves all conveyances
88 of school trust lands to the [
89 completing the Red Cliffs National Conservation Area in Washington County.
90 (5) A governmental entity may, in the governmental entity's discretion, give written
91 notice to the Legislative Management Committee of formal negotiations the governmental
92 entity enters into with a federal agent or entity intended or likely to result in:
93 (a) the sale, exchange, or transfer of specific governmentally controlled land or school
94 and institutional trust lands to the federal government; or
95 (b) designation of specific governmentally controlled land or school and institutional
96 trust lands as a federal park, monument, or wilderness area.
97 (6) Notwithstanding Subsections (2) and (3), the School and Institutional Trust Lands
98 Administration may not execute an agreement to sell or transfer school and institutional trust
99 lands in a public lands county to the federal government unless the net result of the negotiated
100 transaction is a net decrease in the percentage of federally owned land in the county.