Representative Walt Brooks proposes the following substitute bill:


1     
PUBLIC LANDS FUNDING AMENDMENTS

2     
2024 THIRD SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Walt Brooks

5     
Senate Sponsor: Jerry W. Stevenson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to public lands funding.
10     Highlighted Provisions:
11          This bill:
12          ▸     renames the Public Lands Litigation Restricted Account as the Federal Overreach
13     Restricted Account (account);
14          ▸     allows for account funds to be used for educating the public on federalism issues;
15          ▸     requires entities that receive account funds to report to the Executive Appropriations
16     Committee; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          This bill appropriates in fiscal year 2024:
20          ▸     to General Fund Restricted - Federal Overreach Restricted Account as a one-time
21     appropriation:
22               •     from Nonlapsing Balances - Department of Government Operations - Finance -
23     Mandated - Public Lands Litigation Program, $3,000,000
24               •     from Nonlapsing Balances - Attorney General - Contract Attorneys, $3,700,000
25          This bill appropriates in fiscal year 2025:
26          ▸     to Legislature - Legislative Services - Pass Through as an ongoing appropriation:
27               •     from the General Fund, ($157,500)
28          ▸     to Department of Natural Resources - Administration - Executive Director as a
29     one-time appropriation:
30               •     from the General Fund Restricted - Federal Overreach Restricted Account,
31     One-time, $2,142,000
32          ▸     to General Fund Restricted - Federal Overreach Restricted Account as a one-time
33     appropriation:
34               •     from Nonlapsing Balances - Legislature - Legislative Services - Pass Through,
35     $490,000
36               •     from Nonlapsing Balances - Department of Natural Resources - Public Lands
37     Policy Coordinating Office, $2,900,000
38          ▸     to Department of Natural Resources - Public Lands Policy Coordinating Office -
39     Public Lands Policy Coordinating Office as a one-time appropriation:
40               •     from the General Fund Restricted - Federal Overreach Restricted Account,
41     One-time, $1,500,000
42          ▸     to Attorney General - Contract Attorneys - Contract Attorneys as a one-time
43     appropriation:
44               •     from the General Fund Restricted - Federal Overreach Restricted Account,
45     One-time, $1,675,000
46     Other Special Clauses:
47          This bill provides a special effective date.
48     Utah Code Sections Affected:
49     AMENDS:
50          63C-4a-404, as renumbered and amended by Laws of Utah 2019, Chapter 246
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 63C-4a-404 is amended to read:
54          63C-4a-404. Creation of Federal Overreach Restricted Account -- Sources of
55     funds -- Uses of funds -- Reports.
56          (1) There is created a restricted account within the General Fund known as the [Public
57     Lands Litigation] Federal Overreach Restricted Account.
58          (2) The account created in Subsection (1) consists of money from the following
59     revenue sources:
60          (a) [money received by the commission from other state agencies] voluntary
61     contributions; and
62          (b) appropriations made by the Legislature.
63          (3) The Legislature may annually appropriate money from the account for the purposes
64     of:
65          (a) asserting, defending, or litigating state and local government rights to the
66     disposition and use of federal lands within the state as those rights are granted by the United
67     States Constitution, the Utah Enabling Act, and other applicable law; or
68          (b) educating the general public in matters relating to federalism or state sovereignty.
69          (4) [(a)] Any entity that receives money from the account shall, before disbursing the
70     money to another person for the purposes described in Subsection (3), or before spending the
71     money appropriated, report to the [commission] Executive Appropriations Committee
72     regarding:
73          [(i)] (a) the amount of the disbursement;
74          [(ii)] (b) who will receive the disbursement; and
75          [(iii)] (c) the planned use for the disbursement.
76          [(b) The commission may, upon receiving the report under Subsection (4)(a):]
77          [(i) advise the Legislature and the entity of the commission finding that the
78     disbursement is consistent with the purposes in Subsection (3); or]
79          [(ii) advise the Legislature and the entity of the commission finding that the
80     disbursement is not consistent with the purposes in Subsection (3).]
81          Section 2. FY 2024 Appropriation.
82          The following sums of money are appropriated for the fiscal year beginning July 1,
83     2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
84     fiscal year 2024.
85          Subsection 2(a). Restricted Fund and Account Transfers.
86          The Legislature authorizes the State Division of Finance to transfer the following
87     amounts between the following funds or accounts as indicated. Expenditures and outlays from
88     the funds to which the money is transferred must be authorized by an appropriation.
89     
ITEM 1
     To General Fund Restricted - Federal Overreach Restricted Account
90      From Nonlapsing Balances - Attorney General - Contract
Attorneys		$3,700,000
91      From Nonlapsing Balances - Department of Government
Operations - Finance - Mandated - Public Lands Litigation
Program		$3,000,000
92      Schedule of Programs:
93      General Fund Restricted - Federal
Overreach Restricted Account		$6,700,000
94     The Legislature intends that the Division of Finance transfer the amounts indicated above to
95     the newly renamed Federal Overreach Restricted Account during fiscal year 2024.
96          Section 3. FY 2025 Appropriation.
97          The following sums of money are appropriated for the fiscal year beginning July 1,
98     2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
99     fiscal year 2025.
100          Subsection 3(a). Operating and Capital Budgets.
101          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
102     Legislature appropriates the following sums of money from the funds or accounts indicated for
103     the use and support of the government of the state of Utah.
104     
ITEM 2
     To Attorney General - Contract Attorneys
105      From General Fund Restricted - Federal Overreach Restricted
Account, One-time		$1,675,000
106      Schedule of Programs:
107      Contract Attorneys$1,675,000
108     I
TEM 3
     To Department of Natural Resources - Administration
109      From General Fund Restricted - Federal Overreach Restricted
Account, One-time		$2,142,000
110      Schedule of Programs:
111      Executive Director$2,142,000
112     The Legislature intends that the Division of Finance disburse the $2,142,000 appropriated by
113     this item in quarterly equal amounts, only after the Department of Natural Resources reports to
114     the Executive Appropriations Committee (EAC) on their planned use of the funds and the EAC
115     approves the disbursement. Use of these funds is limited to costs associated with countering
116     federal overreach on public lands in Utah.
117     
ITEM 4
     To Department of Natural Resources - Public Lands Policy Coordinating Office
118      From General Fund Restricted - Federal Overreach Restricted
Account, One-time		$1,500,000
119      Schedule of Programs:
120      Public Lands Policy Coordinating
Office		$1,500,000
121     I
TEM 5
     To Legislature - Legislative Services
122      From General Fund($157,500)
123      Schedule of Programs:
124      Pass Through($157,500)
125          Subsection 3(b). Restricted Fund and Account Transfers.
126          The Legislature authorizes the State Division of Finance to transfer the following
127     amounts between the following funds or accounts as indicated. Expenditures and outlays from
128     the funds to which the money is transferred must be authorized by an appropriation.
129     
ITEM 6
     To General Fund Restricted - Federal Overreach Restricted Account
130      From Nonlapsing Balances - Department of Natural Resources -
Public Lands Policy Coordinating Office		$2,900,000
131      From Nonlapsing Balances - Legislature - Legislative Services -
Pass Through		$490,000
132      Schedule of Programs:
133      General Fund Restricted - Federal
Overreach Restricted Account		$3,390,000

134          Section 4. Effective date.
135          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
136     elected to each house, this bill takes effect upon approval by the governor, or the day following
137     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
138     signature, or in the case of a veto, the date of veto override.
139          (2) If this bill is not approved by two-thirds of all members elected to each house, this
140     bill takes effect on August 19, 2024.