Utah Code § 63L-11-202 — Utah Code / Title 63L / Chapter 63L-11 / § 63L-11-202
§ 63L-11-202. Powers and duties of the office and advisor on public lands.
Status: in_force

(1) The office shall: (a) make a report to the Constitutional Defense Council created under Section 63C-4a-202 concerning R.S. 2477 rights and other public lands issues under Title 63C, Chapter 4a, Constitutional and Federalism Defense Act; (b) provide staff assistance to the Constitutional Defense Council created under Section 63C-4a-202 for meetings of the council; (c) for a R.S. 2477 plan approved under Section 63C-4a-403: (i) present the plan, with any updates to the plan, to the Natural Resources, Agriculture, and Environment Interim Committee on or before July 1 of each calendar year; and (ii) provide a hard copy or electronic copy of the plan, with any updates to the plan, to: (A) the Natural Resources, Agriculture, and Environment Interim Committee no later than seven days before the day of the presentation described in Subsection (1)(c)(i); (B) the Federalism Commission created in Section 63C-4a-302; and (C) the president of the Senate and the speaker of the House of Representatives; (d) develop public lands policies by: (i) developing cooperative contracts and agreements between the state, political subdivisions, and agencies of the federal government for involvement in the development of public lands policies; (ii) producing research, documents, maps, studies, analysis, or other information that supports the state's participation in the development of public lands policy; (iii) preparing comments to ensure that the positions of the state and political subdivisions are considered in the development of public lands policy; and (iv) partnering with state agencies and political subdivisions in an effort to: (A) prepare coordinated public lands policies; (B) develop consistency reviews and responses to public lands policies; (C) develop management plans that relate to public lands policies; and (D) develop and maintain a statewide land use plan that is based on cooperation and in conjunction with political subdivisions; (e) facilitate and coordinate the exchange of information, comments, and recommendations on public lands policies between and among: (i) state agencies; (ii) political subdivisions; (iii) the Center of Rural Development created under Section 63N-4-102; (iv) the coordinating committee; (v) School and Institutional Trust Lands Administration created under Section 53C-1-201; and (vi) the Constitutional Defense Council created under Section 63C-4a-202; (f) perform the duties established in Title 9, Chapter 8a, Part 3, Antiquities, and Title 9, Chapter 8a, Part 4, Historic Sites; (g) consistent with other statutory duties, encourage agencies to responsibly preserve archaeological resources; (h) maintain information concerning grants made under Subsection (1)(j), if available; (i) report annually, or more often if necessary or requested, concerning the office's activities and expenditures to: (i) the Constitutional Defense Council created under Section 63C-4a-202; and (ii) the Legislature's Natural Resources, Agriculture, and Environment Interim Committee jointly with the Constitutional Defense Council; (j) make grants of up to 16% of the office's total annual appropriations from the Constitutional Defense Restricted Account to a county or statewide association of counties to be used by the county or association of counties for public lands matters if the advisor, with the advice of the Constitutional Defense Council, determines that the action provides a state benefit; (k) conduct the public lands transfer study and economic analysis required by Section 63L-11-304; (l) fulfill the duties described in Section 63L-10-103; and (m) perform the duties described in Section 63L-11-205. (2) The advisor shall comply with Subsection 63C-4a-203(8) before submitting a comment to a federal agency, if the governor would be subject to Subsection 63C-4a-203(8) in submitting the comment. (3) The office may enter into an agreement with another state agency to provide information and services related to: (a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and Classification Act; (b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and Classification Act, or R.S. 2477 matters; or (c) any other matter within the office's responsibility. (4) In fulfilling the duties under this part, the office shall consult, as necessary, with: (a) the Department of Natural Resources; (b) the Department of Agriculture and Food; (c) the Department of Environmental Quality; (d) other applicable state agencies; (e) political subdivisions of the state; (f) federal land management agencies; and (g) elected officials.