Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 249 Second Substitute (2018GS)

Sponsor

Rep. Stratton, K.

Final action

Governor Signed 3/22/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• adopts the statewide resource management plan, on file with the Public Lands Policy Coordinating Office;
• requires the Public Lands Policy Coordinating Office, as funding allows, to monitor the implementation of the statewide resource management plan at the state and local levels;
• creates a reporting requirement for the Public Lands Policy Coordinating Office to the Commission for the Stewardship of Public Lands; and
• makes technical changes.

Every vote on this bill

Bill text

STATEWIDE RESOURCE MANAGEMENT PLAN ADOPTION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Keven J. Stratton
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill adopts the statewide resource management plan.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ adopts the statewide resource management plan, on file with the Public Lands
Policy Coordinating Office;
▸ requires the Public Lands Policy Coordinating Office, as funding allows, to monitor
the implementation of the statewide resource management plan at the state and local
levels;
▸ creates a reporting requirement for the Public Lands Policy Coordinating Office to
the Commission for the Stewardship of Public Lands; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63J-4-603
, as last amended by Laws of Utah 2015, Chapter 283
63J-4-607
, as last amended by Laws of Utah 2016, Chapter 265
ENACTS:
63L-10-101
, Utah Code Annotated 1953
63L-10-102
, Utah Code Annotated 1953
63L-10-103
, Utah Code Annotated 1953
63L-10-104
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
63J-4-603
 is amended to read:
63J-4-603.
Powers and duties of coordinator and office.
(1) The coordinator and the office shall:
(a) make a report to the Constitutional Defense Council created under Section
63C-4a-202
 concerning R.S. 2477 rights and other public lands issues under Title 63C, Chapter
4a, Constitutional and Federalism Defense Act;
(b) provide staff assistance to the Constitutional Defense Council created under Section
63C-4a-202
 for meetings of the council;
(c) (i) prepare and submit a constitutional defense plan under Section 
63C-4a-403
; and
(ii) execute any action assigned in a constitutional defense plan;
(d) under the direction of the state planning coordinator, assist in fulfilling the state
planning coordinator's duties outlined in Section 
63J-4-401
 as those duties relate to the
development of public lands policies by:
(i) developing cooperative contracts and agreements between the state, political
subdivisions, and agencies of the federal government for involvement in the development of
public lands policies;
(ii) producing research, documents, maps, studies, analysis, or other information that
supports the state's participation in the development of public lands policy;
(iii) preparing comments to ensure that the positions of the state and political
subdivisions are considered in the development of public lands policy;
(iv) partnering with state agencies and political subdivisions in an effort to:
(A) prepare coordinated public lands policies;
(B) develop consistency reviews and responses to public lands policies;
(C) develop management plans that relate to public lands policies; and
(D) develop and maintain a statewide land use plan that is based on cooperation and in
conjunction with political subdivisions; and
(v) providing other information or services related to public lands policies as requested
by the state planning coordinator;
(e) facilitate and coordinate the exchange of information, comments, and
recommendations on public lands policies between and among:
(i) state agencies;
(ii) political subdivisions;
(iii) the Office of Rural Development created under Section 
63N-4-102
;
(iv) the Resource Development Coordinating Committee created under Section
63J-4-501
;
(v) School and Institutional Trust Lands Administration created under Section
53C-1-201
;
(vi) the committee created under Section 
63F-1-508
 to award grants to counties to
inventory and map R.S. 2477 rights-of-way, associated structures, and other features; and
(vii) the Constitutional Defense Council created under Section 
63C-4a-202
;
(f) perform the duties established in Title 9, Chapter 8, Part 3, Antiquities, and Title 9,
Chapter 8, Part 4, Historic Sites;
(g) consistent with other statutory duties, encourage agencies to responsibly preserve
archaeological resources;
(h) maintain information concerning grants made under Subsection (1)(j), if available;
(i) report annually, or more often if necessary or requested, concerning the office's
activities and expenditures to:
(i) the Constitutional Defense Council; and
(ii) the Legislature's Natural Resources, Agriculture, and Environment Interim
Committee jointly with the Constitutional Defense Council;
(j) make grants of up to 16% of the office's total annual appropriations from the
Constitutional Defense Restricted Account to a county or statewide association of counties to
be used by the county or association of counties for public lands matters if the coordinator,
with the advice of the Constitutional Defense Council, determines that the action provides a
state benefit;
(k) provide staff services to the Snake Valley Aquifer Advisory Council created in
Section 
63C-12-103
;
(l) coordinate and direct the Snake Valley Aquifer Research Team created in Section
63C-12-107
; [
and
]
(m) conduct the public lands transfer study and economic analysis required by Section
63J-4-606
[
.
]
; and
(n) fulfill the duties described in Section 
63L-10-103
.
(2) The coordinator and office shall comply with Subsection 
63C-4a-203
(8) before
submitting a comment to a federal agency, if the governor would be subject to Subsection
63C-4a-203
(8) if the governor were submitting the material.
(3) The office may enter into a contract or other agreement with another state agency to
provide information and services related to:
(a) the duties authorized by Title 72, Chapter 3, Highway Jurisdiction and
Classification Act;
(b) legal actions concerning Title 72, Chapter 3, Highway Jurisdiction and
Classification Act, or R.S. 2477 matters; or
(c) any other matter within the office's responsibility.
Section 2. Section 
63J-4-607
 is amended to read:
63J-4-607.
Resource management plan administration.
(1) The office shall consult with the Commission for the Stewardship of Public Lands
before expending funds appropriated by the Legislature for the implementation of this section.
(2) To the extent that the Legislature appropriates sufficient funding, the office may
procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah
Procurement Code, to assist the office with the office's responsibilities described in Subsection
(3).
(3) The office shall:
(a) assist each county with the creation of the county's resource management plan by:
(i) consulting with the county on policy and legal issues related to the county's resource
management plan; and
(ii) helping the county ensure that the county's resource management plan meets the
requirements of Subsection 
17-27a-401
(3);
(b) promote quality standards among all counties' resource management plans; and
(c) upon submission by a county, review and verify the county's:
(i) estimated cost for creating a resource management plan; and
(ii) actual cost for creating a resource management plan.
(4) (a) A county shall cooperate with the office, or an entity procured by the office
under Subsection (2), with regards to the office's responsibilities under Subsection (3).
(b) To the extent that the Legislature appropriates sufficient funding, the office may, in
accordance with Subsection (4)(c), provide funding to a county before the county completes a
resource management plan.
(c) The office may provide pre-completion funding described in Subsection (4)(b):
(i) after:
(A) the county submits an estimated cost for completing the resource management plan
to the office; and
(B) the office reviews and verifies the estimated cost in accordance with Subsection
(3)(c)(i); and
(ii) in an amount up to:
(A) 50% of the estimated cost of completing the resource management plan, verified
by the office; or
(B) $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.
(d) To the extent that the Legislature appropriates sufficient funding, the office shall
provide funding to a county in the amount described in Subsection (4)(e) after:
(i) a county's resource management plan:
(A) meets the requirements described in Subsection 
17-27a-401
(3); and
(B) is adopted under Subsection 
17-27a-404
(6)(d);
(ii) the county submits the actual cost of completing the resource management plan to
the office; and
(iii) the office reviews and verifies the actual cost in accordance with Subsection
(3)(c)(ii).
(e) The office shall provide funding to a county under Subsection (4)(d) in an amount
equal to the difference between:
(i) the lesser of:
(A) the actual cost of completing the resource management plan, verified by the office;
or
(B) $50,000; and
(ii) the amount of any pre-completion funding that the county received under
Subsections (4)(b) and (c).
(5) To the extent that the Legislature appropriates sufficient funding, after the deadline
established in Subsection 
17-27a-404
(6)(d) for a county to adopt a resource management plan,
the office shall:
(a) obtain a copy of each county's resource management plan;
(b) create a statewide resource management plan that:
(i) meets the same requirements described in Subsection 
17-27a-401
(3); and
(ii) to the extent reasonably possible, coordinates and is consistent with any resource
management plan or land use plan established under Chapter 8, State of Utah Resource
Management Plan for Federal Lands; and
(c) submit a copy of the statewide resource management plan to the Commission for
the Stewardship of Public Lands for review.
(6) Following review of the statewide resource management plan, the Commission for
the Stewardship of Public Lands shall prepare a concurrent resolution approving the statewide
resource management plan for consideration during the 2018 General Session.
(7) To the extent that the Legislature appropriates sufficient funding, the office shall
provide legal support to a county that becomes involved in litigation with the federal
government over the requirements of Subsection 
17-27a-405
(3).
(8) After the statewide resource management plan is approved, as described in
Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office
shall monitor the implementation of the statewide resource management plan at the federal,
state, and local levels.
Section 3. Section 
63L-10-101
 is enacted to read:
CHAPTER 10. STATEWIDE RESOURCE MANAGEMENT PLAN
 63L-10-101.
Title.
This chapter is known as "Statewide Resource Management Plan."
Section 4. Section 
63L-10-102
 is enacted to read:
 63L-10-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Commission for the Stewardship of Public Lands.
(2) "Office" means the Public Lands Policy Coordinating Office established in Section
63J-4-602
.
(3) "Plan" means the statewide resource management plan, created pursuant to Section
63J-4-607
 and adopted in Section 
63L-10-103
.
(4) "Public lands" means:
(a) land other than a national park that is managed by the United States Parks Service;
(b) land that is managed by the United States Forest Service; and
(c) land that is managed by the Bureau of Land Management.
Section 5. Section 
63L-10-103
 is enacted to read:
 63L-10-103.
Statewide resource management plan adopted.
(1) The statewide resource management plan, dated January 2, 2018, and on file with
the office, is hereby adopted.
(2) The office shall, to the extent possible and as funding allows, monitor federal, state,
and local government compliance with the plan.
(3) If the office modifies the plan, the office shall notify the commission of the
modification and the office's reasoning for the modification within 30 days of the day on which
the modification is made.
(4) (a) The commission may request additional information of the office regarding any
modifications to the plan, as described in Subsection (3).
(b) The office shall promptly respond to any request for additional information, as
described in Subsection (4)(a).
(c) The commission may make a recommendation that the Legislature approve a
modification or disapprove a modification, or the commission may decline to take action.
(5) The office shall annually:
(a) prepare a report detailing what changes, if any, are recommended for the plan and
deliver the report to the commission by October 31; and
(b) report on the implementation of the plan at the federal, state, and local levels to the
commission by October 31.
(6) If the commission makes a recommendation that the Legislature approve a
modification, the commission shall prepare a bill in anticipation of the annual general session
of the Legislature to implement the change.
Section 6. Section 
63L-10-104
 is enacted to read:
 63L-10-104.
Policy statement.
(1) Except as provided in Subsection (2), state agencies and political subdivisions shall
refer to and substantially conform with the statewide resource management plan when making
plans for public lands or other public resources in the state.
(2) (a) The office shall, as funding allows, maintain a record of all state agency and
political subdivision resource management plans and relevant documentation.
(b) On an ongoing basis, state agencies and political subdivisions shall keep the office
informed of any substantive modifications to their resource management plans.
(c) On or before October 31 of each year, the office shall provide a report to the
commission that includes the following:
(i) any modifications to the state agency or political subdivision resource management
plans that are inconsistent with the statewide resource management plan;
(ii) a recommendation as to how an inconsistency identified under Subsection (2)(c)(i),
if any, should be addressed; and
(iii) a recommendation:
(A) as to whether the statewide resource management plan should be modified to
address any inconsistency identified under Subsection (2)(c)(i); or
(B) on any other modification to the statewide resource management plan the office
determines is necessary.
(3) (a) Subject to Subsection (3)(b), nothing in this section preempts the authority
granted to a political subdivision under:
(i) Title 10, Chapter 8, Powers and Duties of Municipalities, or Title 10, Chapter 9a,
Municipal Land Use, Development, and Management Act; or
(ii) Title 17, Chapter 27a, County Land Use, Development, and Management Act.
(b) Federal regulations state that, when state and local government policies, plans, and
programs conflict, those of higher authority will normally be followed.