2023 Utah Code › Title 79 - Natural Resources › Chapter 4 - State Parks › Part 12 - State Monuments Act › Section 1203 - Division duties -- Committee duties.

Effective 5/4/2022
79-4-1203.
Division duties -- Committee duties.
(1)
(a) When the division receives a completed application, the division shall:
(i) evaluate the application;
(ii) as applicable, comply with the requirements described in Subsections (2) through (5); and
(iii) provide a written report to a committee that includes:
(A) the results of the evaluation described in Subsection (1)(a)(i)
;
(B) all resolutions described in Subsections (2) and (3);
(C) all comments submitted by a legislator under Subsection (4); and
(D) the results of the division's consultation with a state agency under Subsection (5).
(b) The division may:
(i) evaluate private and federal land with the potential to be purchased by, transferred to, or leased to, the state for potential designation as a state monument; and
(ii) enter into negotiations with the relevant federal agency or private entity to pursue the transfer, sale, or lease of federal land for the proposed state monument, as appropriations allow.
(2)
(a) The division shall submit a completed application and the results of the division's evaluation of the application to the legislative body of all counties that will contain some or all of the proposed state monument within the county's geographic borders.
(b) No later than 45 days after the day on which a county's legislative body receives the information described in Subsection (2)(a), the county legislative body shall:
(i) adopt a resolution stating the county's support for or opposition to the proposed state monument; and
(ii) submit the resolution to the division.
(3)
(a) The division shall submit a completed application and the results of the division's evaluation of the application to the legislative body of any municipality that will contain some or all of the proposed state monument within the municipality's geographic borders.
(b) Within 45 days after the day on which a municipality's legislative body receives the information described in Subsection (3)(a), the municipality's legislative body shall:
(i) adopt a resolution stating the municipality's support for or opposition to the proposed state monument; and
(ii) submit the resolution to the division.
(4) The division shall:
(a) submit a completed application and the results of the division's evaluation of the application to each legislator whose legislative district is located partially or wholly within the geographic borders of the proposed state monument; and
(b) invite the legislators to submit comments on the proposed state monument.
(5)
(a) If any part of a proposed state monument would fall within the jurisdictional boundaries of a state agency other than the division, the division shall consult with the state agency regarding the proposed state monument.
(b) A committee may not recommend a proposed state monument to the Legislature if designating the state monument may cause a state agency to breach a fiduciary, contractual, or other legal obligation governing management or use of land that would be included within the geographic borders of the state monument.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules and prescribe forms for the submission of an application and for the administration of a state monument, subject to valid existing rights and Section 79-4-1208.
(7) Except as provided in Subsection (8), after receiving and reviewing a report described in Subsection (1)(a)(iii), a committee shall:
(a) recommend the proposed state monument to the Legislature pursuant to Section 79-4-1206;
(b) return the proposed state monument to the division for further study and evaluation; or
(c) reject the proposed state monument.
(8) If a county or municipality adopts a resolution opposing a proposed state monument under Subsection (2) or (3), a committee may not recommend the proposed state monument to the Legislature.
Amended by Chapter 26, 2022 General Session