reglab/statecodes huggingface dataset:
2023 Utah Code › Title 64 - State Institutions › Chapter 13e - County Correctional Facility Contracting and Reimbursement › Section 103.2 - State daily incarceration rate -- Limits -- Payments to county correctional facilities for state probationary and state parole inmates.

Affected by 63I-2-264 on 6/30/2024
Effective 7/1/2023
64-13e-103.2.
State daily incarceration rate -- Limits -- Payments to county correctional facilities for state probationary and state parole inmates.
(1) Notwithstanding Section 64-13e-103.1, the state daily incarceration rate shall be $85.27 for probationary and parole inmates under Section 64-13e-104.
(2) Notwithstanding Subsection 64-13e-104(9), the five year average state probationary or parole inmate days is set at 300,000 days.
(3) Notwithstanding Subsection 64-13e-104(2), within funds appropriated by the Legislature for this purpose, the Division of Finance shall pay a county that houses a state probationary inmate or a state parole inmate at a rate of 50% of the state daily incarceration rate.
(4) Expenditures for Section 64-13e-104 shall be $12,790,700 annually.
Amended by Chapter 246, 2023 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13e - County Correctional Facility Contracting and Reimbursement › Section 103.3 - Estimating the annual number of county correctional facility bed spaces required for state inmates.

Effective 7/1/2023
64-13e-103.3.
Estimating the annual number of county correctional facility bed spaces required for state inmates.
(1)
(a) Before September 15 of each year, the department shall estimate the total number of annual county correctional facility bed spaces that are required for state inmates in the upcoming fiscal year, including the annual number of bed spaces that shall be dedicated to:
(i) a treatment program for state inmates under Subsection 64-13e-103(3)(a)(i); and
(ii) an alternative treatment program for state inmates under Subsection 64-13e-103(3)(a)(ii).
(b) The department's estimates described in Subsection (1)(a) shall be based upon:
(i) a review of the annual numbers of county correctional facility bed spaces used for state inmates during the preceding years; and
(ii) any other information relevant to the department.
(2) The department shall inform each county of the estimates described in Subsection (1)(a).
Enacted by Chapter 246, 2023 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13f - Community Correctional Centers › Section 102 - Definitions.

Effective 5/4/2022
64-13f-102.
Definitions.
As used in this chapter:
(1) "Cap" means no more than 20% above the community supervision percentage multiplied by the community correctional center projection.
(2) "Community correctional center" means the same as that term is defined in Section 64-13-1.
(3) "Community correctional center projection" means the daily average number of offenders projected to be supervised in the community by the department in the next calendar year multiplied by the daily average percentage of offenders supervised in the community that are also housed in a community correctional center for the previous calendar year.
(4) "Community supervision percentage" means the percentage calculated by dividing the total number of offenders supervised in the community by the department in each county or county zone by the total number of offenders supervised in the community by the department.
(5) "County zone" means the eastern zone, northern zone, or western zone.
(6) "Department" means the Department of Corrections.
(7)
(a) "Eastern zone" means, except as provided in Subsection (7)(b), Carbon, Daggett, Duchesne, Emery, Grand, San Juan, and Uintah counties.
(b) A county with a population of 250,000 or more on the date the community supervision percentage is determined is not part of the eastern zone.
(8)
(a) "Northern zone" means, except as provided in Subsection (8)(b), Box Elder, Cache, Morgan, Rich, Summit, and Wasatch counties.
(b) A county with a population of 250,000 or more on the date the community supervision percentage is determined is not part of the northern zone.
(9) "Offender" means the same as that term is defined in Section 64-13-1.
(10)
(a) "Western zone" means, except as provided in Subsection (10)(b), Beaver, Garfield, Tooele, Iron, Juab, Kane, Millard, Piute, Sanpete, Sevier, Washington, and Wayne counties.
(b) A county with a population of 250,000 or more on the date the community supervision percentage is determined is not part of the western zone.
Amended by Chapter 139, 2022 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13f - Community Correctional Centers › Section 102.5 - Calculation of the community supervision percentage.

Effective 5/5/2021
64-13f-102.5.
Calculation of the community supervision percentage.
In calculating the community supervision percentage, the department shall:
(1) determine the county or county zone in which an offender is supervised by identifying the location of the offender's primary offense;
(2) have sole discretion in identifying the offender's primary offense under Subsection (1), taking into account the severity of the crimes for which the offender has been convicted and sentenced; and
(3) only include an offender on probation or parole supervision with the department in the community supervision percentage calculation.
Enacted by Chapter 85, 2021 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13g - Probation and Parole Employment Incentive Program › Section 101 - Definitions.

Effective 5/4/2022
64-13g-101.
Definitions.
As used in this chapter:
(1) "Average daily population" means the average daily number of individuals on parole or felony probation in the region during the applicable fiscal year.
(2) "Baseline parole employment rate" means the average of the parole employment rates for fiscal years 2023, 2024, and 2025.
(3) "Baseline probation employment rate" means the average of the probation employment rates for fiscal years 2023, 2024, and 2025.
(4) "Department" means the Department of Corrections.
(5) "Eligible employment" means an occupation, or combined occupations, that:
(a) consist of at least 130 hours in a 30-day period; and
(b) are verified via paystubs, employment letters, contracts, or other reliable methods, as determined by the department.
(6) "Evidence-based" means a supervision policy, procedure, program, or practice demonstrated by scientific research to reduce recidivism of individuals on parole or felony probation.
(7) "Marginal cost of incarceration" means the total costs of incarceration, per inmate, that fluctuate based on inmate population.
(8) "Office" means the Governor's Office of Planning and Budget.
(9) "Parole employment rate" means the percentage of individuals on parole who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year.
(10) "Probation employment rate" means the percentage of individuals on felony probation who held eligible employment for at least nine months in a one-year period, if at least a portion of the nine-months was during the preceding fiscal year.
(11) "Program" means the Adult Probation and Parole Employment Incentive Program, created in Section 64-13g-102.
(12) "Region" means one of the geographic regions into which the Department of Corrections has divided the state for purposes of supervising adult probation and parole.
(13) "Restricted account" means the Employment Incentive Restricted Account created in Section 64-13g-103.
Enacted by Chapter 393, 2022 General Session
2023 Utah Code › Title 64 - State Institutions › Chapter 13g - Probation and Parole Employment Incentive Program › Section 103 - Employment Incentive Restricted Account.

Effective 5/4/2022
64-13g-103.
Employment Incentive Restricted Account.
(1) There is created within the General Fund a restricted account known as the "Employment Incentive Restricted Account."
(2) The account consists of appropriations made by the Legislature.
(3) The office shall authorize expenditures from the account in accordance with Section 64-13g-102.
(4) Subject to legislative appropriations, the department and each region shall expend money from the restricted account only in accordance with Subsection 64-13g-102(8).
Enacted by Chapter 393, 2022 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 1 - Definitions.

Effective 1/1/2017
65A-1-1.
Definitions.
As used in this title:
(1) "Division" means the Division of Forestry, Fire, and State Lands.
(2) "Initial attack" means action taken by the first resource to arrive at a wildland fire incident, including evaluating the wildland fire, patrolling, monitoring, holding action, or aggressive suppression action.
(3) "Multiple use" means the management of various surface and subsurface resources in a manner that will best meet the present and future needs of the people of this state.
(4) "Municipality" means a city, town, or metro township.
(5) "Public trust assets" means those lands and resources, including sovereign lands, administered by the division.
(6) "Sovereign lands" means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty.
(7) "State lands" means all lands administered by the division.
(8) "Sustained yield" means the achievement and maintenance of high level annual or periodic output of the various renewable resources of land without impairment of the productivity of the land.
(9) "Wildland" means an area where:
(a) development is essentially non-existent, except for roads, railroads, powerlines, or similar transportation facilities; and
(b) structures, if any, are widely scattered.
(10) "Wildland fire" means a fire that consumes:
(a) wildland; or
(b) wildland-urban interface, as defined in Section 65A-8a-102.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 4 - Division of Forestry, Fire, and State Lands -- Creation -- Power and authority.

65A-1-4.
Division of Forestry, Fire, and State Lands -- Creation -- Power and authority.
(1)
(a) The Division of Forestry, Fire, and State Lands is created within the Department of Natural Resources under the administration and general supervision of the executive director of the department.
(b) The division is the executive authority for the management of sovereign lands, and the state's mineral estates on lands other than school and institutional trust lands, and shall provide for forestry and fire control activities as required in Section 65A-8-101.
(2) The division shall adopt rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to fulfill the purposes of this title.
(3) The director of the Division of Forestry, Fire, and State Lands is the executive and administrative head of the division and shall be a person experienced in administration and management of natural resources.
(4)
(a) An aggrieved party to a final action by the director may appeal that action to the executive director of the Department of Natural Resources within 20 days after the action.
(b) The executive director shall rule on the director's action within 20 days after receipt of the appeal.
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 5 - Attorney general -- Role in affairs of the division.

65A-1-5.
Attorney general -- Role in affairs of the division.
(1)
(a) The attorney general shall represent the division in any legal action relating to state lands and, upon request by the director, may institute action to enforce the provisions of this title.
(b) Whenever an action is brought contesting a decision or act of the division, the division may be named a party in the case rather than the individuals that comprise the division.
(2) All leases, contracts, and agreements entered into by the division shall be approved as to form by the attorney general prior to execution.
(3)
(a) All suits for the collection of rental and damages shall be instituted by the attorney general, upon request by the director, in the name of the state.
(b) The attorney general, upon request by the director, shall prosecute actions for suppression costs or other damage caused by fires on state lands.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 6 - Witnesses -- Subpoena and oaths.

65A-1-6.
Witnesses -- Subpoena and oaths.
(1) The director may issue subpoenas to compel the attendance of witnesses and the production of documents in adjudicative proceedings authorized by law.
(2) The director may administer oaths in the performance of the council's or division's official duties.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 8 - Division employees -- Prohibited from acquiring an interest in state lands.

65A-1-8.
Division employees -- Prohibited from acquiring an interest in state lands.
Division employees may not directly or indirectly acquire any interest in state lands.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 9 - Application of Public Officers' and Employees' Ethics Act.

65A-1-9.
Application of Public Officers' and Employees' Ethics Act.
Employees and agents of the division are subject to Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act.
Amended by Chapter 413, 2013 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 10 - Proprietary geologic or financial information -- Confidentiality -- Division to adopt rules.

65A-1-10.
Proprietary geologic or financial information -- Confidentiality -- Division to adopt rules.
(1) The division may keep geologic and financial information, which the provider and the division agree is of a proprietary nature, confidential unless the information is required by federal or state law to be of a nonproprietary nature.
(2) The division shall adopt rules to determine when to accept confidential information.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 11 - Division's authority to examine records and inspect premises.

65A-1-11.
Division's authority to examine records and inspect premises.
(1) For the purpose of determining compliance with any rule or any performance or payment obligation under a lease, permit, or contract, the division may, at reasonable times, places, and intervals:
(a) require that the lessee, permittee, or contractor provide any pertinent books, records, or other documents of the lessee, permittee, or contractor; or
(b) inspect the property acquired, used, or developed under the lease, permit, or contract after reasonable notice or as provided in the lease, permit, or contract.
(2) Nothing in the section shall be construed to limit or invalidate audits conducted by the division prior to the effective date of this act.
Enacted by Chapter 325, 1990 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 1 - Division of Forestry, Fire, and State Lands › Section 12 - Filing date of applications and bids.

65A-1-12.
Filing date of applications and bids.
Any application or bid required for the lease, permitting, or sale of state lands in a competitive process shall be considered filed or made on the date received by the appropriate division office, whether transmitted by the United States mail or in any other manner.
Enacted by Chapter 283, 1991 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 2 - Administration and Management of State Lands › Section 1 - Administration of state lands -- Multiple-use sustained yield management.

65A-2-1.
Administration of state lands -- Multiple-use sustained yield management.
The division shall administer state lands under comprehensive land management programs using multiple-use sustained yield principles.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 2 - Administration and Management of State Lands › Section 2 - State land management planning procedures for natural and cultural resources -- Assistance from other state agencies -- Division action.

65A-2-2.
State land management planning procedures for natural and cultural resources -- Assistance from other state agencies -- Division action.
The division:
(1) shall develop planning procedures for natural and cultural resources on state lands; and
(2) may request other state agencies to generate technical data or other management support services for the development and implementation of state land management plans.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 2 - Administration and Management of State Lands › Section 3 - Endangered or threatened plant species -- Division authorized to protect.

65A-2-3.
Endangered or threatened plant species -- Division authorized to protect.
The division may make determinations concerning the management, protection, and conservation of plant species officially designated as endangered or threatened under the federal Endangered Species Act of 1973, as amended, on state lands.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 2 - Administration and Management of State Lands › Section 4 - State land management plans -- Division to adopt rules for notifying and consulting with interested parties.

65A-2-4.
State land management plans -- Division to adopt rules for notifying and consulting with interested parties.
(1) The division shall adopt rules for notifying and consulting with interested parties including the general public, resources users, and federal, state, and local agencies on state land management plans.
(2) Division rules shall provide:
(a) for reasonable notice and comment periods; and
(b) that the division respond to all commenting parties and give the rationale for the acceptance or nonacceptance of the comments.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 2 - Administration and Management of State Lands › Section 5 - Protection of leasehold interests.

65A-2-5.
Protection of leasehold interests.
The director of the Division of Forestry, Fire, and State Lands, in conjunction with the Wildlife Board, may restrict or limit public use of leased parcels of sovereign lands for hunting, trapping, or fishing:
(1) upon the petition of the affected lessee;
(2) after a public hearing; and
(3) upon a determination that unrestricted public use for hunting, trapping, or fishing substantially interferes with the primary activities authorized by the lease.
Enacted by Chapter 156, 2000 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 2 - Administration and Management of State Lands › Section 6 - Permitted areas at Bear Lake for launching and retrieving watercraft -- Rulemaking authority.

Effective 3/31/2015
65A-2-6.
Permitted areas at Bear Lake for launching and retrieving watercraft -- Rulemaking authority.
(1) As used in this section, "motorboat" means the same as that term is defined in Section 73-18-2.
(2) The division shall issue a permit to an applicant that allows the applicant to launch or retrieve a motorboat on state lands surrounding Bear Lake.
(3) A permit is required to launch or retrieve a motorboat on state lands surrounding Bear Lake.
(4) A permit authorizes a person to launch or retrieve a motorboat if:
(a) the person owns private property adjacent to state lands surrounding Bear Lake, or has legal right to occupy or use private property adjacent to state lands surrounding Bear Lake, and the person accesses the water from that private property; or
(b) the person accesses the water from a recorded point of public access that allows motor vehicle traffic.
(5) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules to administer this section.
Amended by Chapter 390, 2015 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 2 - Administration and Management of State Lands › Section 7 - Development of Bear Lake.

Effective 5/12/2015
65A-2-7.
Development of Bear Lake.
The division shall:
(1) designate state lands along Highway 30 from the Ideal Beach RV Park and Spinnaker Marina southward approximately four miles to Rendezvous Beach State Park, which lands are located in Township 13N, Range 5E, Sections 003, 010, 015, 022, and 023, as an area for the ongoing development of facilities for boating, fishing, beach going, swimming, parking, picnicking, and other recreational activities; and
(2) develop the area described in Subsection (1):
(a) consistent with the division's Bear Lake comprehensive management plan; and
(b) as funding allows.
Enacted by Chapter 295, 2015 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 3 - Illegal Activities on State Lands and Wildland Fire Liability › Section 2 - Wildland fire prevention -- Prohibited acts.

Effective 5/12/2015
65A-3-2.
Wildland fire prevention -- Prohibited acts.
(1) A person is guilty of a class B misdemeanor who:
(a) throws or places a lighted cigarette, cigar, firecracker, ashes, or other flaming or glowing substance that may cause a fire on a highway or a wildland fire;
(b) obstructs the state forester, an employee of the division, or an agent of the division, in the performance of controlling a fire;
(c) refuses, on proper request of the state forester, an employee of the division, or an agent of the division, to assist in the controlling of a fire, without good and sufficient reason; or
(d) fires a tracer or incendiary ammunition:
(i) anywhere except within the confines of established military reservations; or
(ii) except with the written permission of the director of the Division of Forestry, Fire, and State Lands, given upon written request, if the director:
(A) specifies a limited period of time and a limited area in which the ammunition may be used; and
(B) issues the written permission in accordance with this title and applicable rules.
(2) Fines assessed under this section are deposited in the General Fund.
Amended by Chapter 78, 2015 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 3 - Illegal Activities on State Lands and Wildland Fire Liability › Section 3 - Enforcement of laws -- City, county, or district attorney to prosecute.

Effective 1/1/2017
65A-3-3.
Enforcement of laws -- City, county, or district attorney to prosecute.
(1) It is the duty of the division, county sheriffs, their deputies, peace officers, and other law enforcement officers within the law enforcement jurisdiction to enforce the provisions of this chapter and to investigate and gather evidence that may indicate a violation under this chapter.
(2)
(a) The city attorney, county attorney, or district attorney, as appropriate under Sections 10-3-928, 17-18a-202, and 17-18a-203, shall prosecute any criminal violations of this chapter.
(b) The counsel for an eligible entity, as defined in Section 65A-8-203, shall initiate a civil action to recover suppression costs incurred by the eligible entity for suppression of fire on private land.
Amended by Chapter 174, 2016 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 4 - Acquisition and Disposition of Land by State Agencies › Section 1 - Acquisition and disposition of land by state agencies.

Effective 5/12/2020
65A-4-1.
Acquisition and disposition of land by state agencies.
(1) All state agencies may acquire land by gift, devise, bequest, exchange, compensation for public resource value loss, or in satisfaction of a debt and are authorized to sell, lease, or otherwise dispose of land no longer needed for public purposes, unless otherwise provided by law.
(2) The proceeds from the sale, lease, or other disposition of land shall go to the state agency using or holding the land unless:
(a) the governor or the Legislature order its deposit in the fund from which the state agency receives its appropriations; or
(b) the use or disposition of the proceeds is specified elsewhere in law.
(3) Subsections (1) and (2) do not apply to division-owned property, as defined in Section 63A-5b-901.
Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 4 - Acquisition and Disposition of Land by State Agencies › Section 2 - Central index -- Division to maintain index of lands owned by agencies of the Department of Natural Resources -- Information to be furnished.

65A-4-2.
Central index -- Division to maintain index of lands owned by agencies of the Department of Natural Resources -- Information to be furnished.
(1) The division shall maintain a central index of all lands owned by agencies of the Department of Natural Resources and shall make that index available for the public.
(2) All agencies of the Department of Natural Resources having any right, title, or interest in lands shall furnish the division with the following information:
(a) legal description of the land;
(b) when the land was acquired;
(c) where the abstracts, deeds, or other indicia of interest in the property may be found;
(d) name of agency acquiring or holding the mineral interest;
(e) name of the grantor; and
(f) nature of state's interest in the land including whether mineral interests were obtained.
(3) This section does not apply to Board of Water Resources lands that are subject to a repurchase agreement by the water project sponsor.
Enacted by Chapter 121, 1988 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 4 - Acquisition and Disposition of Land by State Agencies › Section 3 - Mineral leases -- Made exclusively by division -- Disposition of state mineral lease revenues.

65A-4-3.
Mineral leases -- Made exclusively by division -- Disposition of state mineral lease revenues.
(1) Mineral leases of all lands owned by the state, except school and institutional trust lands, shall be made exclusively through the division, pursuant to division rules, with the consent of the state agency using or holding the land.
(2)
(a) All revenues from mineral leases of sovereign lands shall be deposited in the Sovereign Lands Management Account.
(b) That portion of all revenues from mineral leases on other lands managed by the division necessary to recover management costs shall be deposited in the Sovereign Lands Management Account.
(c) The balance of state mineral lease revenues shall be utilized as directed by the agency or donor.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 5 - Deposit and Allocation of Revenues from State Lands › Section 1 - Sovereign Lands Management Account.

Effective 11/1/2023
65A-5-1.
Sovereign Lands Management Account.
(1) There is created within the General Fund a restricted account known as the "Sovereign Lands Management Account."
(2) The Sovereign Lands Management Account shall consist of the following:
(a) the revenues derived from sovereign lands, except for revenues deposited into the Great Salt Lake Account under Section 73-32-304;
(b) that portion of the revenues derived from mineral leases on other lands managed by the division necessary to recover management costs;
(c) revenues derived from the Great Salt Lake Preservation support special group license plate described in Sections 41-1a-418 and 41-1a-422;
(d) fees deposited by the division; and
(e) amounts deposited into the account in accordance with Section 59-23-4.
(3)
(a) The expenditures of the division relating directly to the management of sovereign lands shall be funded by appropriation by the Legislature from the Sovereign Lands Management Account or other sources.
(b) Money in the Sovereign Lands Management Account may be used only for the direct benefit of sovereign lands, including the management of sovereign lands.
(c) In appropriating money from the Sovereign Lands Management Account, the Legislature shall prefer appropriations that benefit the sovereign land from which the money is derived unless compelling circumstances require that money be appropriated for sovereign land other than the sovereign land from which the money is derived.
(4) The division shall use the amount deposited into the account under Subsection (2)(d) for the Great Salt Lake as described in Section 65A-10-203 as directed by the Great Salt Lake Advisory Council created in Section 73-32-302.
Amended by Chapter 205, 2023 General Session
Amended by Chapter 208, 2023 General Session
Amended by Chapter 358, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 5 - Deposit and Allocation of Revenues from State Lands › Section 2 - Deposit and allocation of money received.

Effective 7/1/2022
65A-5-2.
Deposit and allocation of money received.
(1)
(a) The division shall pay to the state treasurer money received, accompanied by a statement showing the respective sources of the money.
(b) Each source shall be classified as to sales, rentals, royalties, interest, fees, penalties, and forfeitures.
(2)
(a) Money received by the division as a first or down payment on an application to purchase, permit, or lease state lands or minerals shall be paid to the state treasurer and held in suspense pending final action on the application.
(b) After final action a payment described in Subsection (2)(a) shall either be credited to the appropriate fund or account, or refunded to the applicant in accordance with the action taken.
Amended by Chapter 54, 2022 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 1 - Coal and mineral deposits reserved -- Exceptions.

65A-6-1.
Coal and mineral deposits reserved -- Exceptions.
(1)
(a) Except as otherwise expressly provided by law, coal and mineral deposits in state-owned lands are reserved to the state. Each certificate of sale and patent issued shall contain such a reservation.
(b) The purchaser of any lands belonging to the state:
(i) acquires no right, title, or interest in coal or mineral deposits; and
(ii) is subject to the conditions and limitations prescribed by law providing for the state and any person authorized by it to:
(A) prospect or mine;
(B) remove the deposits; and
(C) occupy and use as much of the surface of the lands as may be required for any purpose reasonably incident to the mining and removal of the deposits.
(c) Improved farm lands acquired by the state through foreclosure proceedings or conveyed to the state by deed in satisfaction of farm loan mortgages may be sold by the state without mineral reservations.
(d) Coal and mineral deposits in state-owned lands may not be sold but may be leased on a rental and royalty basis.
(2) Except as otherwise prohibited by the Jones Act of January 25, 1927, 43 U.S.C. Sections 870-871, mineral interests in state-owned lands may be exchanged for mineral interests of comparable value or otherwise disposed of, if their retention would create a liability exceeding their value.
(3)
(a) Salts and other minerals in the waters of navigable lakes and streams are reserved to the state and may be sold by the division only upon a royalty basis.
(b) A contract for the recovery of salts or minerals from navigable waters shall be subject to the use of the waters for public purposes.
(c) Before a contract for the recovery of salts or minerals from navigable waters is executed, the applicant shall provide evidence that:
(i) an application for the appropriation of water for that purpose has been filed with the state engineer; and
(ii) the application is pending or accepted in that office.
(4) Common varieties of sand, gravel, and cinders are not considered to be minerals under this section. Common varieties do not include deposits which are valuable because the deposit contains other materials giving it distinct and special value.
Amended by Chapter 283, 1991 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 2 - Mineral leases -- Division to prescribe rules.

Effective 5/3/2023
65A-6-2.
Mineral leases -- Division to prescribe rules.
The division shall by rule prescribe:
(1) the term of the lease;
(2) the annual rental;
(3) subject to Section 65A-6-4, the amount of royalty in addition to or in lieu of rental; and
(4) the basis upon which the royalty shall be computed.
Amended by Chapter 208, 2023 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 3 - Applications for mineral leases -- Compliance with business laws.

65A-6-3.
Applications for mineral leases -- Compliance with business laws.
Applicants for mineral leases shall fully comply with all of the laws of the state as to qualification to do business within this state and must not be in default under any such laws during the pendency of the application and throughout the duration of the lease.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 5 - Division may withdraw lands from leasing -- Mineral lease application procedures.

65A-6-5.
Division may withdraw lands from leasing -- Mineral lease application procedures.
(1) The division may at any time withdraw state lands from leasing.
(2) Lands that are not encumbered by a current mineral lease for the same resource, a withdrawal order, or other division rule prohibiting the lease of the lands, shall be offered for lease as provided in this section.
(3) A notice of the land available for leasing shall be posted in the office of the division. The notice shall:
(a) describe the land;
(b) indicate what mineral interest in each tract is available for leasing; and
(c) state the last date, which shall be no less than 15 days after the notice is posted, on which bids may be received.
(4)
(a) Applications for the lease of lands filed before the closing date stated in the notice shall be considered to be filed simultaneously.
(b) The applications shall be:
(i) submitted in sealed envelopes; and
(ii) opened in the office of the division at 10:00 a.m. of the first business day following the last day on which bids may be received.
(c) Leases shall be awarded to the highest responsible, qualified bidder, in terms of the bonus paid in addition to the first year's rental, who submitted a bid in the manner required.
(d)
(i) In cases of identical bids of successful bidders, the right to lease shall be determined by drawing.
(ii) The drawing shall be held in public at the office of the division.
(5)
(a) At the discretion of the division, mineral leases may be offered at an oral public auction.
(b) The division may set a minimum bid for a public auction.
(6) The division may award a mineral lease without following the competitive bidding procedures specified in Subsections (3) and (4) or conducting an oral public auction, if the mineral lessee waives or relinquishes to the state a prior mining claim, mineral lease, or other right which in the opinion of the division might otherwise cloud the title to any of those lands.
(7) Following the awarding of a lease to a successful bidder, deposits, except filing fees, made by unsuccessful bidders shall be returned.
(8)
(a) Lands acquired through exchange from the federal government shall be subject to the vested rights of unpatented mining claimants under the Mining Law of 1872, as amended, and other federal vested rights, both surface and minerals.
(b) This provision does not prevent the state from negotiating the accommodation of vested rights through any method acceptable to the parties.
(9) The division may lease lands in the order in which applications are filed if:
(a) the division offers newly acquired or existing state lands for lease for mineral purposes according to the procedures in Subsections (3) through (6) and the lands are not leased; or
(b) a period of time of one year or more has elapsed following:
(i) a revocation of a withdrawal; or
(ii) the date an existing mineral lease is canceled, relinquished, surrendered, or for any reason terminated.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 6 - Mineral lease covenants.

65A-6-6.
Mineral lease covenants.
Each mineral lease shall contain the following covenants:
(1) the lessee shall promptly pay any rent annually in advance;
(2) waste may not be committed on the land;
(3) the premises shall be surrendered at the expiration of the term;
(4) the lessee may not assign or sublet without the written authorization of the director; and
(5) where improvements have been placed on the land by any person other than the lessee, the lessee will allow the owner of the improvements to remove them within 90 days.
Amended by Chapter 283, 1991 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 7 - Mineral information to be furnished -- Confidentiality.

65A-6-7.
Mineral information to be furnished -- Confidentiality.
(1) The division may require the lessee to furnish any information necessary to carry out the duties of this chapter, including geological and mine maps, well logs, and assays.
(2) Any information submitted to the division which the lessee and the division agree is of a proprietary nature shall be classified as protected and may not be released without written permission from the lessee.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 8 - Mineral leases -- Cancellation -- Use of surface land -- Liability for damage.

65A-6-8.
Mineral leases -- Cancellation -- Use of surface land -- Liability for damage.
(1) Upon violation by the lessee of any lawful provision in a mineral lease, the division may cancel the lease after 30 days' notice by registered or certified return receipt mail, unless the lessee:
(a) remedies the violation;
(b) rectifies the condition; or
(c) requests a hearing within:
(i) the 30 days; or
(ii) any extension of time the division grants.
(2)
(a) A mineral lessee, subject to conditions required by the division, shall have:
(i) the right at all times to enter upon the leasehold for prospecting, exploring, developing, and producing minerals; and
(ii) reasonable use of the surface.
(b) The lessee shall not injure, damage, or destroy the improvements of the surface owner or lessee.
(c) The lessee is liable to the surface owner or lessee for all damage to the surface of the land and improvements, except for reasonable use.
(3) Any mineral lessee may occupy as much of the surface of the leased land as may be required for all purposes reasonably incident to the exercise of lessee's rights under the lease by:
(a) securing the written consent or waiver of the surface owner or lessee;
(b) payment for the damage to the surface of the land and improvements to the surface owner or lessee where there is agreement as to the amount of the damage; or
(c) upon the execution of a good and sufficient bond to the state for the use and benefit of the surface owner or lessee of the land to secure the payment of damages as may be determined and fixed by agreement or in action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties of the bond.
(4) The bond required by Subsection (3)(c) shall be:
(a) in a form and amount as prescribed by the division; and
(b) filed with the division.
Amended by Chapter 136, 2007 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 9 - Shut-in gas wells.

65A-6-9.
Shut-in gas wells.
(1) Under a mineral lease for oil and gas, gas is considered to be produced in paying quantities from a shut-in gas well if the shut-in gas well is capable of producing gas in paying quantities, but the gas cannot be marketed at a reasonable price due to existing marketing or transportation conditions.
(2)
(a) The division shall make rules establishing:
(i) a minimum rental or minimum royalty for a shut-in gas well that is considered to be producing gas in paying quantities; and
(ii) the basis upon which the minimum rental or minimum royalty shall be paid.
(b) The minimum rental or minimum royalty may not be less than twice the annual lease rental.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 10 - Unitization of mineral leases.

65A-6-10.
Unitization of mineral leases.
(1) Mineral lessees, upon prior written authorization from the division, may commit leased state lands to unit, cooperative, or other plans of development with other lands.
(2) The division may, with the consent of the mineral lessee, modify any term of a mineral lease for lands that are committed to a unit, cooperative, or other plan of development.
(3) Production allocated to leased state lands under the terms of a unit, cooperative, or other plan of development shall be considered produced from the leased lands whether or not the point of production is located on the leased state lands.
Amended by Chapter 283, 1991 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 11 - Land subject to a federal mineral lease.

65A-6-11.
Land subject to a federal mineral lease.
(1) With respect to any tract of land in which the state acquires or has acquired any interest subject to an outstanding federal mineral lease or prospecting permit, the lessee or permittee may submit a petition seeking extension of the permit or lease or any other action as may be necessary to give to the lessee or permittee any and all rights, privileges, and benefits which he would have had under the permit or lease had the state not acquired its interest in the tract.
(2) In consideration of the voluntary termination by the federal lessee or permittee of his lease or permit as it relates to that tract, the division may issue to that lessee or permittee a lease of the acquired tract or any portion of that tract for recovery of the same mineral substances upon terms that the lessee shall have all the rights, privileges, and benefits with reference to that tract which he would have had by reason of his lease or permit from the United States had the state not acquired its interest in the tract.
Enacted by Chapter 121, 1988 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 6 - Mineral Leases › Section 12 - Agreements for the administration of mineral leases by a federal agency.

65A-6-12.
Agreements for the administration of mineral leases by a federal agency.
(1) If the state has succeeded or will succeed to the position of the United States under a federal mineral or prospecting permit in which only a portion of the lands are subject to the permit, agreements may be entered into with the federal agency having jurisdiction over the remaining portion providing for the continued administration by that agency of the entire lease or permit or any lease pursuant to that permit.
(2) Consideration for continued administration of the federal agency may not exceed 10% of the revenue allocable to the state's portion.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 7 - Sale, Exchange, and Lease of State Lands › Section 1 - Division to make rules for the sale, exchange, or lease of state lands.

65A-7-1.
Division to make rules for the sale, exchange, or lease of state lands.
The division shall establish criteria by rule for the sale, exchange, lease, or other disposition or conveyance of state lands including procedures for determining fair market value of those lands.
Amended by Chapter 294, 1994 General Session
2023 Utah Code › Title 65A - Forestry, Fire, and State Lands › Chapter 7 - Sale, Exchange, and Lease of State Lands › Section 5 - Surface leases -- Procedures for issuing leases -- Leases for the construction of a highway facility.

Effective 5/12/2015
65A-7-5.
Surface leases -- Procedures for issuing leases -- Leases for the construction of a highway facility.
(1) The division may issue surface leases of state lands for any period up to 99 years.
(2) This section does not apply to leases for oil and gas, grazing, or mining purposes.
(3) The division shall disclose any known geologic hazard affecting leased property.
(4)
(a)
(i) Surface leases may be entered into by negotiation, public auction, or other public competitive bidding process as determined by rules of the division.
(ii) Requests for proposals (RFP) on state lands may be offered by the division after public notice.
(b)
(i) A notice of an invitation for bids or a public auction shall, prior to the auction or acceptance of a bid, be published at least once a week for three consecutive weeks in one or more newspapers of general circulation in the county in which the lease is offered.
(ii) The notice shall be sent, by certified mail, at least 30 days prior to the auction or acceptance of a bid, to each person who owns property adjoining the state lands offered for lease.
(c)
(i) Surface leases entered into through negotiation shall be published in the manner set forth in Subsection (4)(b) 30 days prior to final approval.
(ii) The notice shall include, at a minimum, a general description of the lands proposed for lease and the type of lease.
(5)
(a) The division may not issue a lease to a private entity for the construction of a highway facility over sovereign lakebed lands unless the applicant for the lease submits an approval for the construction of a highway facility over sovereign lakebed lands from the Transportation Commission in accordance with Section 72-6-303 with the application for the lease.
(b) The division shall consider the information and analysis provided by the Transportation Commission under Section 72-6-303 when making its determination as to whether to issue a lease for the construction of a highway facility over sovereign lakebed lands.
(c) A lease for the construction of a highway facility over sovereign lakebed lands:
(i) may include an option to renew the lease upon expiration; and
(ii) shall include a provision that requires that at the termination of the lease:
(A) the ownership of the highway facility shall revert to the state;
(B) the highway facility shall be in a state of proper maintenance as outlined in the agreement under Subsection 72-6-303(5)(e) and determined by the Department of Transportation; and
(C) the highway facility shall be returned to the Department of Transportation in satisfactory condition at no further cost to the Department of Transportation, in a condition of good repair.
(d) The requirements under this Subsection (5) apply to all pending and future applications for a lease for the construction of a highway facility over sovereign lakebed lands.
Amended by Chapter 103, 2015 General Session
Amended by Chapter 258, 2015 General Session