Utah Code § 23A-3-205 — Utah Code / Title 23A / Chapter 23A-3 / § 23A-3-205
§ 23A-3-205. Wildlife Conservation Fund.
Status: in_force

(1) As used in this section: (a) "Fund" means the Wildlife Conservation Fund created by this section. (b) "Land use authority" means: (i) a land use authority, as that term is defined in Section 10-20-102, of a municipality; or (ii) a land use authority, as that term is defined in Section 17-79-102, of a county. (c) "Wildlife conservation permit program" means a program under which the division issues permit opportunities to be sold by a conservation organization for auction to the highest bidder at a fund-raising event. (d) "Wildlife exposition program" means a program under which the division allocates permits to a drawing administered by a selected conservation organization as part of a regional or national exposition for the purpose of generating revenue to fund wildlife conservation activities in Utah. (2) There is created an expendable special revenue fund known as the "Wildlife Conservation Fund." (3) The fund consists of: (a) wildlife conservation permit program revenue transferred to the division in accordance with rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) wildlife exposition program revenue transferred to the division in accordance with rules, made by the Wildlife Board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (c) money appropriated to the fund by the Legislature; (d) contributions, grants, gifts, transfers, bequests, and donations to the fund accepted by the division and specifically directed to the fund; and (e) interest and earnings on the fund. (4) (a) The fund shall earn interest and other earnings. (b) The interest and earnings described in Subsection (4)(a) shall be deposited into the fund. (5) (a) The division shall use proceeds in the fund to carry out the purposes of the wildlife conservation permit program or wildlife exposition program. (b) Deposits into and expenditures from the fund shall specifically identify the wildlife conservation permit program or wildlife exposition program to which the deposits and expenditures apply. (c) The division shall make expenditures from the fund consistent with the rules governing the applicable program. (6) (a) Before the division may use or approve the use of money in the fund to purchase or acquire a grazing permit, the division shall obtain approval from: (i) the land use authority for the land in which the grazing permit is located; (ii) the Department of Natural Resources created in Section 79-2-201; and (iii) the Department of Agriculture and Food created in Section 4-2-102. (b) If a request to purchase or acquire a grazing permit under Subsection (6)(a) is not denied by a land use authority, the Department of Natural Resources, or the Department of Agriculture and Food within 60 days after the day on which the division submits the request, the division may consider the request as approved. (c) An action of a land use authority under this Subsection (6) is not a land use decision subject to: (i) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; or (ii) Title 17, Chapter 79, County Land Use, Development, and Management Act. (7) The division shall annually report, by no later than October 1, to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee regarding: (a) the amount of money in the fund; (b) the sources of money in the fund; and (c) how the money is expended.