reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63L - Lands › Chapter 5 - Utah Religious Land Use Act › Part 3 - Remedies and Procedures › Section 302 - Notice of claim -- Government's right to accommodate.

63L-5-302.
Notice of claim -- Government's right to accommodate.
(1) A person may not bring an action under Section 63L-5-301 unless, 60 days before bringing the action, the person sends written notice of the intent to bring an action.
(2) The notice shall be addressed to the government entity imposing the land use regulation, and shall be prepared and delivered according to the requirements of Subsection 63G-7-401(3).
(3) Mailing of the notice required by Subsection (1) tolls the limitation period for bringing an action under this chapter for a period of 75 days, starting on the day the notice was mailed.
(4) Notwithstanding Subsection (1), a person may bring an action under Section 63L-5-301 before the expiration of the 60-day notice period if:
(a) the imposition of a substantial burden on the person's free exercise of religion by the land use regulation is imminent; and
(b) the person was not informed of and did not otherwise have knowledge of the land use regulation in time to reasonably provide 60 days notice.
(5)
(a) A government entity provided with the notice required by Subsection (2) may remedy the substantial burden on the person's free exercise of religion:
(i) before the expiration of the 60-day notice period; or
(ii) in the case of an action properly brought according to Subsection (4), before the adjudication of a court hearing on the action.
(b) Nothing in this section prevents a government entity from providing a remedy after these time periods.
(6) The court may not award compensatory damages, attorney's fees, costs, or other expenses to a person if the substantial burden has been cured by a remedy implemented by the government entity according to Subsection (5)(a).
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63L - Lands › Chapter 5 - Utah Religious Land Use Act › Part 4 - Application › Section 401 - Burden on exercise of religion as defense.

63L-5-401.
Burden on exercise of religion as defense.
A person whose free exercise of religion has been substantially burdened in violation of this chapter may assert that violation as a defense in a judicial or administrative proceeding without regard to whether the proceeding is brought in the name of the state or by any other person.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63L - Lands › Chapter 5 - Utah Religious Land Use Act › Part 4 - Application › Section 402 - Establishment clause unaffected.

63L-5-402.
Establishment clause unaffected.
(1) This chapter does not authorize government to burden a person's free exercise of religion.
(2) The protection of religious freedom afforded by this chapter is in addition to the protections provided under federal law and the constitutions of Utah and the United States.
(3) Nothing in this chapter may be construed to affect, interpret, or in any way address that portion of the First Amendment to the United States Constitution prohibiting laws respecting an establishment of religion.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63L - Lands › Chapter 5 - Utah Religious Land Use Act › Part 4 - Application › Section 403 - Application to certain cases.

63L-5-403.
Application to certain cases.
This chapter does not affect and is not intended to affect the authority of government entities to adopt or apply land use regulations that do not involve the free exercise of religion.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63L - Lands › Chapter 6 - Transfer of Public Lands Act › Section 103 - Transfer of public lands.

63L-6-103.
Transfer of public lands.
(1) On or before December 31, 2014, the United States shall:
(a) extinguish title to public lands; and
(b) transfer title to public lands to the state.
(2) If the state transfers title to any public lands with respect to which the state receives title under Subsection (1)(b), the state shall:
(a) retain 5% of the net proceeds the state receives from the transfer of title; and
(b) pay 95% of the net proceeds the state receives from the transfer of title to the United States.
(3) In accordance with Utah Constitution Article X, Section 5, the amounts the state retains in accordance with Subsection (2)(a) shall be deposited into the permanent State School Fund.
Enacted by Chapter 353, 2012 General Session
2023 Utah Code › Title 63L - Lands › Chapter 6 - Transfer of Public Lands Act › Section 104 - Severability clause.

63L-6-104.
Severability clause.
If any provision of this chapter or the application of any provision to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remainder of this chapter shall be given effect without the invalid provision or application. The provisions of this chapter are severable.
Enacted by Chapter 353, 2012 General Session
2023 Utah Code › Title 63L - Lands › Chapter 7 - Utah Wilderness Act › Section 102 - Purpose.

Effective 5/13/2014
63L-7-102.
Purpose.
(1) The purpose of this chapter is to:
(a) secure for the people of Utah, present and future generations, as well as for visitors to Utah, the benefits of an enduring resource of wilderness on designated state-owned lands;
(b) provide a window into the natural world, into which our pioneer forebears ventured and formed our collective story and character;
(c) recognize that the preservation of wilderness shall be part of a balanced pattern of multiple land uses;
(d) demonstrate the proper stewardship of certain primitive lands by providing the protection to allow natural forces to operate; and
(e) create a Utah wilderness preservation system.
(2) No state-owned lands may be designated as a protected wilderness area except as provided in this chapter.
(3) This chapter does not apply to lands owned or acquired by the School and Institutional Trust Lands Administration.
Enacted by Chapter 323, 2014 General Session
2023 Utah Code › Title 63L - Lands › Chapter 7 - Utah Wilderness Act › Section 103 - Definitions.

Effective 5/13/2014
63L-7-103.
Definitions.
As used in this chapter:
(1) "Acquisition date" means the day on which the state received title to land.
(2) "Conservation area" means an area that potentially has wilderness characteristics.
(3) "DNR" means the Department of Natural Resources.
(4) "PLPCO" means the Public Lands Policy Coordination Office.
(5) "Protected wilderness area" means an area of wilderness that has been designated under this chapter as part of the Utah wilderness preservation system.
(6) "Road" means a road classified as either a class B road, as described in Section 72-3-103, or a class D road, as described in Section 72-3-105.
(7) "Roadless area" means an area without a road, as defined in Subsection (6).
(8) "Wilderness" means a roadless area of undeveloped state-owned land, other than land owned by the School and Institutional Trust Lands Administration, that:
(a) is acquired by the state from the federal government through purchase, exchange, grant, or any other means of conveyance of title after May 13, 2014;
(b) retains its primeval character and influence, without permanent improvements or human habitation;
(c) generally appears to have been affected primarily by the forces of nature, with minimal human impact;
(d) has at least 5,000 contiguous acres of land, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition;
(e) has outstanding opportunities for solitude, or a primitive and unconfined type of recreation; and
(f) may contain ecological, geological, or other features of scientific, educational, scenic, or historical value.
Enacted by Chapter 323, 2014 General Session
2023 Utah Code › Title 63L - Lands › Chapter 7 - Utah Wilderness Act › Section 104 - Identification of a potential wilderness area.

Effective 7/1/2022
63L-7-104.
Identification of a potential wilderness area.
(1)
(a) Subject to Subsection (1)(b), the director of PLPCO, within one year of the acquisition date, shall identify within a parcel of acquired land any conservation areas.
(b) Before identifying a parcel of land as a conservation area, the director of PLPCO shall:
(i) inform the School and Institutional Trust Lands Administration that a parcel is being considered for designation as a conservation area; and
(ii) provide the School and Institutional Trust Lands Administration with the opportunity to trade out land owned by the School and Institutional Trust Lands Administration for the parcel in question subject to reaching an exchange agreement with the agency that manages the parcel.
(2) The director of PLPCO shall:
(a) file a map and legal description of each identified conservation area with the governor, the Senate, and the House of Representatives;
(b) maintain, and make available to the public, records pertaining to identified conservation areas, including:
(i) maps;
(ii) legal descriptions;
(iii) copies of proposed regulations governing the conservation area; and
(iv) copies of public notices of, and reports submitted to the Legislature, regarding pending additions, eliminations, or modifications to a conservation area; and
(c) within five years of the date of acquisition:
(i) review each identified conservation area for its suitability to be classified as a protected wilderness area; and
(ii) report the findings under Subsection (2)(c)(i) to the governor.
(3) The records described in Subsection (2)(b) shall be available for inspection at:
(a) the PLPCO office;
(b) the main office of DNR;
(c) a regional office of the Division of Forestry, Fire, and State Lands for any record that deals with an identified conservation area in that region; and
(d) the Division of State Parks or the Division of Outdoor Recreation.
(4) A conservation area may be designated as a protected wilderness area as described in Section 63L-7-105.
(5) A conservation area identified under Subsection (1) shall be managed by DNR, in coordination with the county government having jurisdiction over the area, without the conservation area being designated as a protected wilderness area unless otherwise provided by the Legislature.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 63L - Lands › Chapter 7 - Utah Wilderness Act › Section 105 - Report to the governor -- Governor's report to the Legislature -- Designation of a protected wilderness area -- Modification of a protected wilderness area -- Rulemaking authority.

Effective 5/13/2014
63L-7-105.
Report to the governor -- Governor's report to the Legislature -- Designation of a protected wilderness area -- Modification of a protected wilderness area -- Rulemaking authority.
(1) Within five years of the acquisition date of a parcel of land, the director of PLPCO shall:
(a) review all areas identified as conservation areas under Section 63L-7-104; and
(b) subject to Subsection (3), submit a report and recommendation to the governor on the suitability of a conservation area for designation as a protected wilderness area.
(2) Before making a recommendation, the director of PLPCO shall:
(a) give notice of the proposed recommendation in a newspaper having general circulation in the vicinity of the affected land;
(b) hold a public hearing at a location convenient to citizens who live in the affected area; and
(c) at least 30 days before the date of the hearing described in Subsection (2)(b), invite local authorities to submit their opinions on the proposed action:
(i) at the hearing; or
(ii) to the director of PLPCO, in writing, no later than 30 days after the day on which the hearing is held.
(3) Any opinions submitted to the director of PLPCO shall be included with any recommendations to the governor under Subsection (2) and the Legislature under Subsection (5).
(4) The governor shall, after receiving the reports described in Subsection (1)(b):
(a) formulate a recommendation on which conservation areas to designate as protected wilderness areas; and
(b) advise the speaker of the House of Representatives and the president of the Senate of the governor's recommendation.
(5) An area shall be designated as a protected wilderness area upon a concurrent resolution of the Legislature, the governor concurring therein, including:
(a) the legal description of the proposed protected wilderness area; and
(b) any special conditions that shall be placed upon the protected wilderness area.
(6) Any modification or adjustment to the boundaries of a protected wilderness area shall be:
(a) recommended by the director of PLPCO after public notice of, and hearing on, the proposal, as described in Subsections (1) and (2); and
(b) made official as described in Subsections (4) and (5).
(7) DNR shall make rules governing the protection of a protected wilderness area.
Enacted by Chapter 323, 2014 General Session
2023 Utah Code › Title 63L - Lands › Chapter 7 - Utah Wilderness Act › Section 107 - Private lands within wilderness areas.

Effective 5/13/2014
63L-7-107.
Private lands within wilderness areas.
(1) In any case where privately owned land is completely surrounded by lands within areas designated by this chapter as protected wilderness:
(a) the private landowner shall be given rights as may be necessary to ensure adequate access to the privately owned land by the private owner and any successors in interest; or
(b) the privately owned land shall be exchanged for state-owned land of approximately equal value.
(2) If the School Institutional Trust Lands Administration owns land that is completely surrounded by lands within areas designated by this chapter as protected wilderness:
(a) the School Institutional Trust Lands Administration shall be given rights as may be necessary to ensure adequate access to the land owned by the School Institutional Trust Lands Administration and any successors in interest; or
(b) the land owned by the School Institutional Trust Lands Administration may be exchanged for state-owned land of approximately equal value.
(3) If a valid mining claim or other valid occupancy is located wholly within a protected wilderness area, the executive director of DNR shall, by reasonable regulations consistent with the preservation of the area as wilderness, permit ingress and egress to such surrounded areas by means which have been, or are being, customarily enjoyed with respect to other similarly situated areas.
(4) Subject to available funds, PLPCO is authorized to acquire land, or interest in land, through purchase from a private landowner.
Enacted by Chapter 323, 2014 General Session
2023 Utah Code › Title 63L - Lands › Chapter 7 - Utah Wilderness Act › Section 108 - Gifts, bequests, and contributions.

Effective 5/13/2014
63L-7-108.
Gifts, bequests, and contributions.
(1) The executive director of DNR may accept gifts or bequests of land:
(a) within protected wilderness areas designated pursuant to this chapter for preservation as wilderness; and
(b) adjacent to designated protected wilderness areas, if the executive director of DNR gives 60 days advance notice to the governor.
(2) Land accepted by the executive director of DNR under this section:
(a) shall become part of the protected wilderness area involved; and
(b) is subject to:
(i) the same regulations made under this chapter; and
(ii) any conditions that were made at the time the gift or bequest was made that are consistent with the regulations made under this chapter.
Enacted by Chapter 323, 2014 General Session
2023 Utah Code › Title 63L - Lands › Chapter 7 - Utah Wilderness Act › Section 109 - Annual reports.

Effective 5/13/2014
63L-7-109.
Annual reports.
(1) The director of PLPCO shall report to the governor, for transmission to the Legislature, on:
(a) the status of the Utah wilderness preservation system;
(b) regulations in effect; and
(c) other pertinent information.
(2) The director of PLPCO shall report any recommendations for future action to the Natural Resources, Agriculture, and Environment Interim Committee by November 30 of each year.
Enacted by Chapter 323, 2014 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/10/2016
63L-8-101.
Title.
(1) This chapter is known as the "Utah Public Land Management Act."
(2) This part is known as "General Provisions."
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/9/2017
63L-8-102.
Definitions.
As used in this chapter:
(1) "Board" means the board created in Section 63L-9-104.
(2) "Commissioner" means the commissioner of the Department of Agriculture and Food, or the commissioner's designee.
(3) "DAF" means the Department of Agriculture and Food.
(4) "Director" means the director of the Department of Land Management or the director's designee.
(5) "DLM" means the Department of Land Management, created in Section 63L-9-102.
(6) "Grazing permit" means a document, issued by the Department of Land Management, authorizing use of public land for the purpose of grazing domestic livestock.
(7) "Land use authorization" means an easement, lease, permit, or license to occupy, use, or traverse public land granted for a particular purpose.
(8) "Minerals" means all classes of inorganic material upon, within, or beneath the surface of public land, including silver, gold, copper, lead, zinc, uranium, gemstones, potash, gypsum, clay, salts, sand, rock, gravel, oil, oil shale, oil sands, gas, coal, and all carboniferous materials.
(9) "Multiple use" means:
(a) the management of the public land and the public land's various resource values so resources are best utilized in the combination that will meet the present and future needs of the citizens of Utah;
(b) making the most judicious use of land for some or all of the resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions;
(c) a combination of balanced and diverse resource uses that take into account the long-term needs of future generations for renewable and nonrenewable resources, including recreation, hunting, fishing, trapping, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific, and historic values; and
(d) harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources.
(10) "Public land" means any land or land interest:
(a) acquired by the state from the federal government pursuant to Section 63L-6-103, except:
(i) areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and
(ii) lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act; or
(b) for which the state is given management responsibility from the federal government.
(11) "Rangeland" means open public land used for grazing domestic livestock.
(12) "Sustained yield" means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public land consistent with multiple use.
(13) "Wilderness" means the same as that term is defined in Section 63L-7-103.
Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 1 - General Provisions › Section 103 - Principal or major use.

Effective 5/9/2017
63L-8-103.
Principal or major use.
Each parcel of public land in this state shall be managed, as much as possible, to promote the following principal or major uses of the land, consistent with the principles of multiple use and sustained yield:
(1) domestic livestock grazing;
(2) fish and wildlife development and utilization, including hunting, fishing, and trapping;
(3) mineral exploration and production;
(4) rights-of-way;
(5) outdoor recreation;
(6) timber production; and
(7) wilderness conservation.
Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 1 - General Provisions › Section 104 - Declaration of policy -- Sales and exchanges.

Effective 5/9/2017
63L-8-104.
Declaration of policy -- Sales and exchanges.
(1) The Legislature declares that it is the policy of the state that:
(a) public land be retained in state ownership consistent with the provisions of this chapter for the enjoyment and betterment of the public and the state;
(b) public land may not be sold, except:
(i) as consistent with Section 63L-8-204 and the other provisions of this chapter;
(ii) as consistent with local land use plans;
(iii) with the approval of the director and the board;
(iv) after sufficient opportunity for public comment; and
(v) for an important public interest;
(c) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield, unless otherwise provided by statute; and
(d) the public land be managed in a manner that will:
(i) recognize the state's need for domestic sources of minerals, food, timber, and fiber;
(ii) protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values;
(iii) where appropriate, preserve and protect certain public land in its natural condition;
(iv) provide food and habitat for fish, wildlife, and domestic animals; and
(v) provide for hunting, fishing, trapping, outdoor recreation, human occupancy, and other human use, including the general enjoyment of nature and solitude.
(2) All rules made to effectuate the purposes of this chapter shall be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 1 - General Provisions › Section 105 - Interdepartmental cooperation.

Effective 5/9/2017
63L-8-105.
Interdepartmental cooperation.
(1) The director, subject to periodic review of the Legislature, may establish programs to conduct projects, planning, permitting, leasing, contracting and other activities on public land.
(2)
(a) The director shall provide management policies and programs for all uses of public land, including the principal or major uses described in Section 63L-8-103.
(b) The director shall consult with the commissioner, who may make recommendations to the director on rangeland management issues on public land, including:
(i) determining the number of domestic animals that may be sustained on a tract of land while maintaining that land for wildlife and fish use and future grazing use; and
(ii) issuing grazing permits.
(c) The director shall consult with other state agencies having management responsibility over natural resources that may be impacted by management decisions and actions on public land, including the Department of Natural Resources, the Department of Agriculture and Food, and the Division of Wildlife Resources.
Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 2 - Identification and Land Use Planning › Section 202 - Land use planning.

Effective 5/10/2016
63L-8-202.
Land use planning.
(1) The director, in consultation with the board, the commissioner, and other state agencies with management authority over other state owned land and resources affected by land use planning shall, with public involvement, develop, maintain, and revise land use plans that address the use and conservation of public land in the state.
(2) In the development and revision of land use plans, the director shall:
(a) use and observe the principles of multiple use and sustained yield;
(b) develop rules describing the degree of planning necessary for each category of activity upon, or conservation of, public land;
(c) provide for compliance with applicable pollution control laws;
(d) 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 public land; and
(e) to the extent consistent with the laws governing the administration of the public land:
(i) coordinate the land use inventory, planning, and management activities for public land with the land use planning and management programs of the county government within which the public land is located; and
(ii) involve the public and local county officials in the development of land use programs, land use rules, and land use decisions for public land, including early public notice of proposed decisions, programs, or regulations that may have a significant impact on non-public land.
(3) The director shall, to the maximum extent possible and consistent with this chapter, implement land use plans that provide for consistent results with local land use plans.
(4)
(a) Management decisions shall remain subject to reconsideration, modification, and termination through revision by the director, subject to contractual rights granted by any land use authorization issued by the division.
(b) The director shall report to the speaker of the House of Representatives and the president of the Senate on a management program or policy decision that eliminates, for two or more years, one or more of the principal or major uses of a tract of public land of 1,000 acres or more.
(5) The director shall:
(a) allow an opportunity for public involvement; and
(b) establish rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to give governments and the public adequate notice and opportunity to comment upon and participate in the formulation of plans, programs, and policies relating to the management of the public land.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 2 - Identification and Land Use Planning › Section 203 - Honoring pre-existing claims and rights.

Effective 5/10/2016
63L-8-203.
Honoring pre-existing claims and rights.
(1) Upon receiving title to a tract of federal public land, the state shall honor all pre-existing rights that run appurtenant to that tract of federal public land.
(2) The state shall develop an adjudicative process to deal with competing claims to rights that run appurtenant to a tract of federal public land.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 2 - Identification and Land Use Planning › Section 204 - Exchanges and sales.

Effective 5/9/2017
63L-8-204.
Exchanges and sales.
(1)
(a) It is the policy of this state that exchanges of public land are preferred to any sale of public land, and that when pursuing an exchange, an exchange with the School and Institutional Trust Lands Administration is preferred to an exchange with any other party.
(b) If the DLM proposes an exchange of public land for a different parcel of land, the land the DLM seeks to acquire shall be larger in acreage or considered more valuable for one or more of the principal or major uses described in Section 63L-8-103 than the land the DLM is offering in exchange.
(c) The state may exchange a parcel of public land with the federal government, the School and Institutional Trust Lands Administration, or a private party for a similarly valued parcel of land if:
(i) no more than 1,000 acres of public land is exchanged with the federal government, the School and Institutional Trust Lands Administration, or the private party in one calendar year; or
(ii) the exchange is approved by a two-thirds vote of the Legislature.
(2) The DLM may execute a sale of a parcel of public land if:
(a) the requirements of Subsection 63L-8-104(1)(b) have been met;
(b) the following information is made available on the DLM's website for 30 days before the day on which the director executes the sale:
(i) the legal description of the parcel;
(ii) the local land use plan governing the parcel;
(iii) the proposed purchaser of the parcel;
(iv) the DLM's findings that the sale will further an important public objective, including expansion of a local community;
(v) the minutes or a recording of a meeting in which the public comment was taken on the proposed sale; and
(vi) the purchase price, which may not be less than fair market value;
(c) the director, having completed the land use planning process described in Section 63L-8-202, has determined that the parcel in question:
(i) is not suitable for long-term management by the DLM or another state agency because of the parcel's location or other characteristics; and
(ii) has minimal value for hunting, fishing, or other outdoor recreation;
(d) the parcel is 100 acres or smaller;
(e) the director has determined an exchange, as described in Subsection (1), is not possible;
(f) a competitive bidding process is used to determine the purchaser of the parcel;
(g) the sale is approved by a two-thirds vote of the Legislature; and
(h) the sale is approved by the governor.
(3) All proceeds of a sale under Subsection (2) shall be:
(a) deposited in the Public Land Management Fund created in Section 63L-8-308; and
(b) used to:
(i) acquire additional land that the DLM has determined would be appropriate for public purposes;
(ii) improve existing public land for one or more principal or major uses, as described in Section 63L-8-103; and
(iii) increase the utilization of the public land by the public.
Enacted by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 302 - Department of Land Management.

Effective 5/9/2017
63L-8-302.
Department of Land Management.
Except as otherwise provided by law, the Department of Land Management, created in Section 63L-9-102, shall provide necessary staff support for the implementation of this chapter.
Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 304 - Enforcement authority.

Effective 7/1/2023
63L-8-304.
Enforcement authority.
(1) The director shall issue rules as necessary to implement the provisions of this chapter with respect to the management, use, and protection of the public land and property located on the public land.
(2) At the request of the director, the attorney general may institute a civil action in a district court for an injunction or other appropriate remedy to prevent any person from utilizing public land in violation of this chapter or rules issued by the director under this chapter.
(3) The use, occupancy, or development of any portion of the public land contrary to any rule issued by the DLM in accordance with this chapter, and without proper authorization, is unlawful and prohibited.
(4)
(a) The locally elected county sheriff is the primary law enforcement authority with jurisdiction on public land to enforce:
(i) all the laws of this state; and
(ii) this chapter and rules issued by the director pursuant to Subsection (1).
(b) The governor may utilize the Department of Public Safety for the purposes of assisting the county sheriff in enforcing:
(i) all the laws of this state and this chapter; and
(ii) rules issued by the director pursuant to Subsection (1).
(c) Conservation officers employed by the Division of Wildlife Resources have authority to enforce the laws and regulations under Title 23A, Wildlife Resources Act, for the sake of any protected wildlife.
(d) A conservation officer shall work cooperatively with the locally elected county sheriff to enforce the laws and regulations under Title 23A, Wildlife Resources Act, for the sake of protected wildlife.
(e) Nothing herein shall be construed as enlarging or diminishing the responsibility or authority of a state certified peace officer in performing the officer's duties on public land.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 305 - Fees, charges, and commissions.

Effective 5/10/2016
63L-8-305.
Fees, charges, and commissions.
(1) The director may establish reasonable filing and service fees with respect to applications and other documents relating to the public land, in accordance with Section 63J-1-504.
(2) The director is authorized to require a deposit of any payments intended to reimburse the state for reasonable costs with respect to applications and other documents relating to such land.
(3) The money received under this subsection shall be:
(a) deposited in the Public Land Management Fund created in Section 63L-8-308; and
(b) authorized to be appropriated and made available until expended.
(4)
(a) As used in this section "reasonable costs" include:
(i) the costs of special studies;
(ii) environmental reviews;
(iii) monitoring construction, operation, maintenance, and termination of any authorized facility; or
(iv) other special activities.
(b) In determining whether costs are reasonable, the director may take into consideration:
(i) actual costs, exclusive of management overhead;
(ii) the monetary value of the rights or privileges sought by the applicant;
(iii) the efficiency of the government processing involved;
(iv) that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant;
(v) the public service provided; and
(vi) other factors relevant to determining the reasonableness of the costs.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 306 - Availability of excess fees.

Effective 5/10/2016
63L-8-306.
Availability of excess fees.
All fees authorized by this chapter, excluding mining claim fees, not otherwise dedicated by law for a specific distribution shall:
(1) be deposited in the Public Land Management Fund created in Section 63L-8-308; and
(2) remain available until expended.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 307 - Public Land Protection Fund -- Forfeitures and deposits.

Effective 5/10/2016
63L-8-307.
Public Land Protection Fund -- Forfeitures and deposits.
(1) There is created an expendable special revenue fund known as the "Public Land Protection Fund."
(2) The fund shall consist of:
(a) money appropriated by the Legislature;
(b) money received by the state as a result of:
(i) the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of a contract or permit or does not comply with rules issued under this chapter; or
(ii) a compromise or settlement of any claim involving present or potential damage to the public land;
(c) money voluntarily donated or contributed to the fund; and
(d) interest earned on money in the fund.
(3) The DLM may expend money in the fund to cover the cost of any improvement, protection, or rehabilitation work on public land, which is rendered necessary by the action that led to a forfeiture, compromise, or settlement.
(4) If the director finds that any portion of a deposit or amount forfeited under this chapter is in excess of the cost of doing the work authorized under this chapter, the director may issue a refund of the amount in excess to be made from applicable funds.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 308 - Public Land Management Fund.

Effective 5/9/2017
63L-8-308.
Public Land Management Fund.
(1) There is created an expendable special revenue fund known as the "Public Land Management Fund."
(2) The fund shall consist of:
(a) fees collected by the DLM under this chapter;
(b) money appropriated to the fund by the Legislature;
(c) money collected under Section 63L-8-505;
(d) money voluntarily donated or contributed to the fund;
(e) proceeds, as described in Subsection 63L-8-204(3); and
(f) interest earned on the fund.
(3) The DLM may expend money in the fund on:
(a) administration costs;
(b) project planning;
(c) a payment authorized by this chapter; and
(d) other duties required under this chapter, including the acquisition and improvement of public land, as described in Section 63L-8-104.
(4) The DLM shall annually expend money in the fund to pay a county in lieu of taxes the county cannot levy on public land owned by the state:
(a) in an amount no less than the highest amount ever fully authorized by Congress for payment to the county under the federal Payments in Lieu of Taxes and Secure Rural Schools programs, according to the most recent federal formulas before the effective date of this chapter, as described in Section 63L-8-602; and
(b) as funding allows.
Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 309 - Timber Fund.

Effective 5/10/2016
63L-8-309.
Timber Fund.
(1) There is created an expendable special revenue fund known as the "Timber Fund."
(2) The fund described in Subsection (1) shall consist of:
(a) money received from the disposal of timber prepared for sale from public lands;
(b) money voluntarily donated or contributed to the fund; and
(c) interest earned on the fund.
(3) The DLM may expend money in the fund for the purposes of:
(a) planning and preparing timber for disposal;
(b) the administration of timber sales;
(c) site preparation and reforestation;
(d) wildfire suppression and rehabilitation on forested public land; and
(e) overhead and direct costs associated with timber management.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 310 - Grazing Land Fund.

Effective 5/10/2016
63L-8-310.
Grazing Land Fund.
(1) There is created an expendable special revenue fund known as the "Grazing Land Fund."
(2) The fund shall consist of:
(a) money received from grazing fees, as described in Section 63L-8-402;
(b) money voluntarily donated or contributed to the fund; and
(c) interest earned on the fund.
(3) The DLM may expend money in the fund for:
(a) on-the-ground range rehabilitation, protection, and improvements on public land that is grazed;
(b) seeding and reseeding;
(c) fence construction;
(d) weed control;
(e) water development;
(f) fish and wildlife habitat enhancement;
(g) wildfire suppression; and
(h) overhead and direct costs associated with rangeland and grazing management.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 311 - Implementation provisions.

Effective 5/10/2016
63L-8-311.
Implementation provisions.
(1)
(a) The director may conduct investigations, studies, and experiments involving the management, protection, development, acquisition, and transfer of public land.
(b) The director may work with other departments, agencies, or political subdivisions in conducting an investigation, study, or experiment, as described in Subsection (1)(a).
(c)
(i) Where an investigation, study, or experiment described in Subsection (1)(a) finds that the transfer of a tract of public land in excess of 200 acres would promote economic land management or serve an important public interest, including the expansion of communities and economic development, the director shall recommend the transfer to the Natural Resources, Agriculture, and Environment Interim Committee and include the basis for the recommendation.
(ii) No transfer of a tract of public land in excess of 200 acres may be authorized until approved by the Legislature and the governor.
(2) The director may enter into contracts and cooperative agreements involving the management, protection, and development of public land.
(3)
(a) The director may accept voluntary contributions or donations of money, services, and real or personal property for:
(i) the management, protection, and development of public land, including the acquisition of rights-of-way;
(ii) any purpose described in Sections 63L-8-307, 63L-8-308, 63L-8-309, and 63L-8-310; or
(iii) cadastral surveying performed on public land and intermingled land.
(b) The director shall deposit any money donated or contributed under this section in the account designated by the donor or, if not specified, in the Public Land Management Fund created in Section 63L-8-308.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 3 - Administration of the Utah Public Land Management Act › Section 312 - Annual reports.

Effective 5/10/2016
63L-8-312.
Annual reports.
(1) The director shall:
(a) prepare a report on the public land in accordance with Subsection (2); and
(b) submit the report to the Natural Resources, Agriculture, and Environment Interim Committee no later than October 31 annually.
(2) A list of programs and specific information to be included in the report described in Subsection (1) shall be developed by the Natural Resources, Agriculture, and Environment Interim Committee before the end of each fiscal year.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 4 - Range Management › Section 402 - Grazing fees -- Feasibility study -- Contents -- Submission of report -- Annual distribution and use of range betterment funds -- Nature of distributions.

Effective 5/9/2017
63L-8-402.
Grazing fees -- Feasibility study -- Contents -- Submission of report -- Annual distribution and use of range betterment funds -- Nature of distributions.
(1) As used in this section:
(a) "Animal unit" means one mature 1,000 pound cow and the cow's suckling calf.
(b) "Animal unit month" means the amount of forage needed by an animal unit grazing for one month.
(c) "Forage" means the food and water necessary to sustain a cow, according to the cow's metabolic weight.
(2) The Legislature finds that, as of 2016, a substantial amount of the rangelands on the public land is deteriorating in quality due to federal mismanagement, and that installation of additional range improvements could arrest much of the continuing deterioration and lead to substantial betterment of forage conditions with resulting benefits to wildlife, watershed protection, and livestock production.
(3) The director, in consultation with the commissioner, shall establish a fee, in accordance with Section 63J-1-504, to be charged for domestic livestock grazing on public land that is equitable to the:
(a) state and the state's citizens; and
(b) holders of grazing permits and leases on rangeland.
(4) Subject to Subsection (5), the fee described in Subsection (3) shall be:
(a) determined using the following indices:
(i) the rental charge of pasturing cattle on private rangeland, or the forage value index (FVI);
(ii) the average annual sales price of beef cattle, or the beef cattle price index (BCPI); and
(iii) the cost of livestock production, or the prices paid index (PPI); and
(b) calculated as follows: ((FVI + BCPI - PPI)/100).
(5)
(a) The minimum grazing fee shall be $1.35 per animal unit month.
(b) The annual fee adjustment may not exceed 25% of the grazing fee from the previous fiscal year.
(6)
(a) Fifty percent of all money received by the state as fees for grazing domestic livestock on public land shall be deposited into the Grazing Land Fund created in Section 63L-8-310.
(b) Fifty percent of money received by the state as fees for grazing domestic livestock on the public land shall be deposited into the Public Land Management Fund created in Section 63L-8-308.
Amended by Chapter 451, 2017 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 502 - Rights-of-way for roads or facilities.

Effective 5/10/2016
63L-8-502.
Rights-of-way for roads or facilities.
(1) If the state receives title to public land from the federal government, the director shall, subject to Subsection (2), honor all:
(a) pre-existing rights-of-way granted to individuals, corporations, or political subdivisions, subject to Subsection (2); and
(b) rights-of-way asserted in quiet title lawsuits filed by the state or a county in federal court prior to taking ownership of the subject property.
(2) If the director determines it is in the best interest of the state, the director may modify the fees, if any, charged to the holder of a right-of-way.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 504 - Roads.

Effective 5/10/2016
63L-8-504.
Roads.
(1) The director, with respect to public land, is authorized to provide for the authorization, construction, and maintenance of new and necessary roads within the public land that will permit utilization of the natural resources on such land, including the seven principal or major uses described in Section 63L-8-103.
(2) The roads described in Subsection (1) shall be constructed to standards sufficient to provide for the safety of the authorized users of the road, and to protect the environment to the best available management standards applicable.
(3) Financing of the roads described in Subsection (1) may be accomplished by:
(a) the director utilizing appropriated funds;
(b) requirements on authorized users of the natural resources and other products from the public land, including provisions for amortization of road costs in contracts;
(c) cooperative financing with other public agencies and with private agencies or persons; or
(d) a combination of these methods, provided that:
(i) where roads of a higher standard than that needed for harvesting or removing natural resources and other products from public land covered by a particular sale are to be constructed, the authorized user may not be required to bear that part of the costs necessary to meet such higher standard; or
(ii) when natural resource products are offered with the condition that the purchaser build a road or roads in accordance with standards specified in the offer, the authorized user is responsible for paying the full costs of road construction.
Enacted by Chapter 317, 2016 General Session
2023 Utah Code › Title 63L - Lands › Chapter 8 - Utah Public Land Management Act › Part 5 - Rights-of-way Authorization › Section 505 - Maintenance of facilities.

Effective 5/10/2016
63L-8-505.
Maintenance of facilities.
(1)
(a) The director may require a user of a road, trail, land, or other facility administered by the DLM, or authorized by a DLM issued land use authorization, to:
(i) maintain facilities in a satisfactory condition commensurate with the particular use requirements of each; or
(ii) reconstruct the facility when the reconstruction is determined necessary to accommodate use.
(b) If maintenance or reconstruction cannot be provided, or if the director determines that maintenance or reconstruction by a user would not be practical, the director may require that sufficient funds be deposited by the user to provide the user's portion of the total maintenance or reconstruction.
(2) Whenever the director obtains money for use on, or in connection with, a new or existing road or the right to use such roads, the money shall be placed in the Public Land Management Fund created in Section 63L-8-308.
Enacted by Chapter 317, 2016 General Session