Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 149 (2025GS)

Sponsor

Sen. Winterton, Ronald M.

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• creates the Guide, Outfitter, and Spotter Fund;
• establishes when the use of a guide, outfitter, or spotter is unlawful;
• requires registration of a guide, outfitter, and spotter with the Division of Wildlife Resources (division);
• provides for division rulemaking related to guides, outfitters, and spotters;
• outlines prohibited activities and penalties for violations related to guides, outfitters, and spotters;
• clarifies that the provisions related to guides, outfitters, and spotters do not apply to private land;
• removes a requirement for the Public Lands Policy Coordinating Office (PLPCO) to prepare and submit a constitutional defense plan;
• renames the executive director of PLPCO as the advisor on public lands;
• clarifies that the advisor of PLPCO and director of the Office of Energy Development:
• are appointed by the governor with the advice and consent of the Senate; and
• report to the executive director of the Department of Natural Resources, upon the executive director's request;
• repeals a committee required to inventory and map R.S. 2477 rights-of-way;

Every vote on this bill

Bill text

62
23A-1-101
23A-3-216
23A-4-1201
23A-4-1202
23A-4-1203
23A-4-1204
23A-4-1205
23A-5-309
23A-11-204
23A-12-301
23A-12-302
23A-12-303
58-79-101
58-79-102
58-79-103
58-79-301
58-79-302
58-79-303
58-79-304
58-79-401
58-79-501
58-79-502
63A-16-507
63C-4a-403
63L-7-104
63L-7-105
63L-7-109
63L-11-102
63L-11-201
63L-11-202
63L-11-305
63L-11-402
63L-11-403
67-22-2
79-1-103
79-2-204
79-6-401
79-6-407
0
Natural Resources Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ronald M. Winterton
House Sponsor: Carl R. Albrecht
LONG TITLE
General Description:
This bill modifies provisions related to hunting and public lands under the Department of 
Natural Resources.
Highlighted Provisions:
This bill:
defines terms;
creates the Guide, Outfitter, and Spotter Fund;
establishes when the use of a guide, outfitter, or spotter is unlawful;
requires registration of a guide, outfitter, and spotter with the Division of Wildlife 
Resources (division);
provides for division rulemaking related to guides, outfitters, and spotters;
outlines prohibited activities and penalties for violations related to guides, outfitters, and 
spotters;
clarifies that the provisions related to guides, outfitters, and spotters do not apply to 
private land;
removes a requirement for the Public Lands Policy Coordinating Office (PLPCO) to 
prepare and submit a constitutional defense plan;
renames the executive director of PLPCO as the advisor on public lands;
clarifies that the advisor of PLPCO and director of the Office of Energy Development:
are appointed by the governor with the advice and consent of the Senate; and
report to the executive director of the Department of Natural Resources, upon the 
executive director's request;
repeals a committee required to inventory and map R.S. 2477 rights-of-way;
repeals regulation related to hunting guide registration by the Division of Professional 
Licensing; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
23A-1-101
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2024, Chapter 80
23A-5-309
, 
Effective 
07/01/25
 as renumbered and amended by Laws of Utah 2023, 
Chapter 103
23A-12-301
, 
Effective 
07/01/25
 as renumbered and amended by Laws of Utah 2023, 
Chapter 103
23A-12-302
, 
Effective 
07/01/25
 as renumbered and amended by Laws of Utah 2023, 
Chapter 103
23A-12-303
, 
Effective 
07/01/25
 as renumbered and amended by Laws of Utah 2023, 
Chapter 103
63C-4a-403
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 81
63L-7-104
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2022, Chapter 68
63L-7-105
, 
Effective 
05/07/25
 as enacted by Laws of Utah 2014, Chapter 323
63L-7-109
, 
Effective 
05/07/25
 as enacted by Laws of Utah 2014, Chapter 323
63L-11-102
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2023, Chapter 16
63L-11-201
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2021, Chapter 345 
and renumbered and amended by Laws of Utah 2021, Chapter 382
63L-11-202
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 36
63L-11-305
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2022, Chapter 313
63L-11-402
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2023, Chapter 160
63L-11-403
, 
Effective 
05/07/25
 as renumbered and amended by Laws of Utah 2021, 
Chapter 382
67-22-2
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 522
79-1-103
, 
Effective 
05/07/25
 as enacted by Laws of Utah 2021, Chapter 280
79-2-204
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Chapter 80
79-6-401
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Third Special 
Session, Chapter 4
79-6-407
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2024, Third Special 
Session, Chapter 4
ENACTS:
23A-3-216
, 
Effective 
07/01/25
 Utah Code Annotated 1953
23A-4-1201
, 
Effective 
07/01/25
 Utah Code Annotated 1953
23A-4-1202
, 
Effective 
07/01/25
 Utah Code Annotated 1953
23A-4-1203
, 
Effective 
07/01/25
 Utah Code Annotated 1953
23A-4-1204
, 
Effective 
07/01/25
 Utah Code Annotated 1953
23A-4-1205
, 
Effective 
07/01/25
 Utah Code Annotated 1953
REPEALS:
23A-11-204
, 
Effective 
07/01/25
 as renumbered and amended by Laws of Utah 2023, 
Chapter 103
58-79-101
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2020, Chapters 316, 
376
58-79-102
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2023, Chapter 34
58-79-103
, 
Effective 
07/01/25
 as enacted by Laws of Utah 2023, Chapter 345
58-79-301
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2020, Chapters 316, 
376
58-79-302
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2020, Chapters 316, 
339 and 376
58-79-303
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2020, Chapters 316, 
376
58-79-304
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2020, Chapters 316, 
376
58-79-401
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2023, Chapter 345
58-79-501
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2020, Chapters 316, 
376
58-79-502
, 
Effective 
07/01/25
 as last amended by Laws of Utah 2020, Chapters 316, 
376
63A-16-507
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2021, Chapters 162, 
382 and renumbered and amended by Laws of Utah 2021, Chapter 344
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
23A-1-101
 is amended to read:
23A-1-101
Effective 
07/01/25
. Definitions.
As used in this title:
(1)
"Activity regulated under this title" means an act, attempted act, or activity prohibited or 
regulated under this title or the rules and proclamations promulgated under this title 
pertaining to protected wildlife including:
(a)
fishing;
(b)
hunting;
(c)
trapping;
(d)
taking;
(e)
permitting a dog, falcon, or other domesticated animal to take;
(f)
transporting;
(g)
possessing;
(h)
selling;
(i)
wasting;
(j)
importing;
(k)
exporting;
(l)
rearing;
(m)
keeping;
(n)
using as a commercial venture; and
(o)
releasing to the wild.
(2)
"Aquaculture facility" means the same as that term is defined in Section 
4-37-103
.
(3)
"Aquatic animal" means the same as that term is defined in Section 
4-37-103
.
(4)
"Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or 
amphibians.
(5)
"Bag limit" means the maximum limit, in number or amount, of protected wildlife that 
one person may legally take during one day.
(6)
"Big game" means species of hoofed protected wildlife.
(7)
"Carcass" means the dead body of an animal or the animal's parts.
(8)
"Certificate of registration" means a paper-based or electronic document issued under 
this title, or a rule or proclamation of the Wildlife Board granting authority to engage in 
activities not covered by a license, permit, or tag.
(9)
"Closed season" means the period of time during which the taking of protected wildlife 
is prohibited.
(10)
"Dedicated hunter program" means a program that provides:
(a)
expanded hunting opportunities;
(b)
opportunities to participate in projects that are beneficial to wildlife; and
(c)
education in hunter ethics and wildlife management principles.
(11)
"Department" means the Department of Natural Resources.
(12)
"Director" means the director of the division appointed under Section 
23A-2-202
.
(13)
"Division" means the Division of Wildlife Resources.
(14)
"Division of Law Enforcement" means the division within the Department of Natural 
Resources created under Title 79, Chapter 2, Part 7, Division of Law Enforcement.
(15)
Subject to Section 
23A-1-103
, "domicile" means the place:
(a)
where an individual has a fixed permanent home and principal establishment;
(b)
to which the individual if absent, intends to return and has an actual plan, method, 
and means to return to the individual's domicile within six months;
(c)
in which the individual, and the individual's family voluntarily reside, not for a 
special or temporary purpose, but with the intention of making a permanent home; 
and
(d)
is a place where the individual resides for the majority of the individual's time.
(16)
"Endangered" means wildlife designated as endangered according to Section 3 of the 
federal Endangered Species Act of 1973.
(17)
"Executive director" means the executive director of the Department of Natural 
Resources.
(18)
"Fee fishing facility" means the same as that term is defined in Section 
4-37-103
.
(19)
"Feral" means an animal that is normally domesticated but has reverted to the wild.
(20)
"Fishing" means to take fish or crayfish by any means.
(21)
"Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and 
Castoridae families, except coyote and cougar.
(22)
"Game" means wildlife normally pursued, caught, or taken by sporting means for 
human use.
(23)
"Guide" means the same as that term is defined in Section 
23A-4-1201
.
(23)
(24)
"Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any 
means.
(24)
"Hunting guide" means the same as that term is defined in Section 
58-79-102
.
(25)
"Intimidate or harass" means to physically interfere with or impede, hinder, or 
diminish the efforts of an officer in the performance of the officer's duty.
(26)
(a)
"Natural flowing stream" means a topographic low where water collects and 
perennially or intermittently flows with a perceptible current in a channel formed 
exclusively by forces of nature.
(b)
"Natural flowing stream" includes perennial or intermittent water flows in a:
(i)
realigned or modified channel that replaces the historic, natural flowing stream 
channel; and
(ii)
dredged natural flowing stream channel.
(c)
"Natural flowing stream" does not include a human-made ditch, canal, pipeline, or 
other water delivery system that diverts and conveys water to an approved place of 
use pursuant to a certificated water right.
(27)
(a)
"Natural lake" means a perennial or intermittent body of water that collects on 
the surface of the earth exclusively through the forces of nature and without human 
assistance.
(b)
"Natural lake" does not mean a lake where the surface water sources supplying the 
body of water originate from groundwater springs no more than 100 yards upstream.
(28)
"Natural resources officer" means the same as that term is defined in Section 
79-2-701
.
(29)
"Nominating committee" means the Wildlife Board Nominating Committee created in 
Section 
23A-2-302
.
(30)
"Nonresident" means a person who does not qualify as a resident.
(31)
"Open season" means the period of time during which protected wildlife may be 
legally taken.
(32)
"Outfitter" means the same as that term is defined in Section 
58-79-102
23A-4-1201
.
(33)
"Pecuniary gain" means the acquisition of money or something of monetary value.
(34)
"Permit" means a paper-based or electronic document that grants authority to engage 
in specified activities under this title or a rule or proclamation of the Wildlife Board.
(35)
"Person" means an individual, association, partnership, government agency, 
corporation, or an agent of the individual, association, partnership, government agency, 
or corporation.
(36)
"Pollute water" means to introduce into waters within the state matter or thermal 
energy that:
(a)
exceeds state water quality standards; or
(b)
could harm protected wildlife.
(37)
"Possession" means actual or constructive possession.
(38)
"Possession limit" means the number of bag limits one individual may legally possess.
(39)
(a)
"Private fish pond" means a pond, reservoir, or other body of water, including a 
fish culture system, located on privately owned land where privately owned fish:
(i)
are propagated or kept for a private noncommercial purpose; and
(ii)
may be taken without a fishing license.
(b)
"Private fish pond" does not include:
(i)
an aquaculture facility;
(ii)
a fee fishing facility;
(iii)
a short-term fishing event; or
(iv)
private stocking.
(40)
"Private stocking" means an authorized release of privately owned, live fish in the 
waters of the state not eligible as:
(a)
a private fish pond under Section 
23A-9-203
; or
(b)
an aquaculture facility or fee fishing facility under Title 4, Chapter 37, Aquaculture 
Act.
(41)
"Private wildlife farm" means an enclosed place where privately owned birds or 
furbearers are propagated or kept and that restricts the birds or furbearers from:
(a)
commingling with wild birds or furbearers; and
(b)
escaping into the wild.
(42)
"Proclamation" means the publication that is:
(a)
used to convey a statute, rule, policy, or pertinent information related to wildlife; and
(b)
issued in accordance with a rule made by the Wildlife Board under this title.
(43)
(a)
"Protected aquatic wildlife" means aquatic wildlife except as provided in 
Subsection (43)(b).
(b)
"Protected aquatic wildlife" does not include aquatic insects.
(44)
(a)
"Protected wildlife" means wildlife, except as provided in Subsection (44)(b).
(b)
"Protected wildlife" does not include:
(i)
coyote;
(ii)
field mouse;
(iii)
gopher;
(iv)
ground squirrel;
(v)
jack rabbit;
(vi)
muskrat; or
(vii)
raccoon.
(45)
"Regional advisory council" means a council created under Section 
23A-2-303
.
(46)
"Released to the wild" means to be turned loose from confinement.
(47)
(a)
"Reservoir constructed on a natural stream channel" means a body of water 
collected and stored on the course of a natural flowing stream by impounding the 
stream through excavation or diking.
(b)
"Reservoir constructed on a natural stream channel" does not mean an impoundment 
on a natural flowing stream where all surface water sources supplying the 
impoundment originate from groundwater springs no more than 100 yards upstream.
(48)
Subject to Section 
23A-1-103
, "resident" means a person who:
(a)
has been domiciled in the state for six consecutive months immediately preceding the 
purchase of a license; and
(b)
does not claim residency for hunting, fishing, or trapping in another state or country.
(49)
"Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of 
selling, bartering, exchanging, or trading.
(50)
"Short-term fishing event" means an event when:
(a)
privately acquired fish are held or confined for a period not to exceed 10 days for the 
purpose of providing fishing or recreational opportunity; and
(b)
no fee is charged as a requirement to fish.
(51)
"Small game" means species of protected wildlife:
(a)
commonly pursued for sporting purposes;
(b)
not classified as big game, aquatic wildlife, or furbearers; and
(c)
excluding turkey, cougar, and bear.
(52)
"Spoiled" means impairment of the flesh of wildlife that renders the flesh unfit for 
human consumption.
(53)
"Spotlighting" means throwing or casting the rays of a spotlight, headlight, or other 
artificial light on a highway or in a field, woodland, or forest while having in possession 
a weapon by which protected wildlife may be killed.
(54)
"Tag" means a card, label, or other paper-based or electronic means of identification 
used to document harvest of protected wildlife.
(55)
"Take" means to:
(a)
hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill 
protected wildlife; or
(b)
attempt an action referred to in Subsection (55)(a).
(56)
"Threatened" means wildlife designated as threatened pursuant to Section 3 of the 
federal Endangered Species Act of 1973.
(57)
"Trapping" means taking protected wildlife with a trapping device.
(58)
"Trophy animal" means an animal described as follows:
(a)
deer - a buck with an outside antler measurement of 24 inches or greater;
(b)
elk - a bull with six points on at least one side;
(c)
bighorn, desert, or rocky mountain sheep - a ram with a curl exceeding half curl;
(d)
moose - a bull with at least one antler exceeding five inches in length;
(e)
mountain goat - a male or female;
(f)
pronghorn antelope - a buck with horns exceeding 14 inches; or
(g)
bison - a bull.
(59)
"Upland game" means pheasant, quail, partridge, grouse, ptarmigan, mourning dove, 
band-tailed pigeon, turkey, cottontail rabbit, or snowshoe hare.
(60)
"Waste" means to:
(a)
abandon protected wildlife; or
(b)
allow protected wildlife to spoil or to be used in a manner not normally associated 
with the protected wildlife's beneficial use.
(61)
"Wild" means the natural environment, including a private pond or private property.
(62)
"Wildlife" means:
(a)
crustaceans, including brine shrimp and crayfish;
(b)
mollusks; and
(c)
vertebrate animals living in nature, except feral animals.
(63)
"Wildlife Board" means the board created in Section 
23A-2-301
.
(64)
"Wildlife parts" means biological material derived from the body or anatomy of 
wildlife, including:
(a)
an antler or horn;
(b)
a hide;
(c)
a bone; or
(d)
meat.
Section 2, Section 
23A-3-216
 is enacted to read:
23A-3-216
Effective 
07/01/25
. Guide, Outfitter, and Spotter Fund.
(1)
There is created an expendable special revenue fund known as the "Guide, Outfitter, and 
Spotter Fund."
(2)
The Guide, Outfitter, and Spotter Fund shall consist of:
(a)
revenue from fees collected under Section 
23A-4-1202
;
(b)
money appropriated by the Legislature; and
(c)
interest, dividends, or other income earned on fund money.
(3)
The division shall use the money in the Guide, Outfitter, and Spotter Fund to administer 
Chapter 4, Part 12, Guide, Outfitter, and Spotter.
Section 3, Section 
23A-4-1201
 is enacted to read:
12. Guide, Outfitter, and Spotter
23A-4-1201
Effective 
07/01/25
. Definitions.
As used in this part:
(1)
"Compensation" means anything of economic value in excess of $100 that is paid, 
loaned, granted, given, donated, or transferred to a guide, outfitter, or spotter for or in 
consideration of a service, material, or property.
(2)
"Guide" means an individual who offers or provides guide services on public lands for 
compensation.
(3)
"Guide services" means to guide, lead, or assist an individual in hunting protected 
wildlife.
(4)
(a)
"Hunting" means to locate, pursue, chase, catch, capture, trap, or kill protected 
wildlife.
(b)
"Hunting" includes fishing.
(5)
"Outfitter" means an individual who offers or provides outfitting or guide services for 
compensation to another individual for hunting protected wildlife on public lands.
(6)
(a)
"Outfitting services" means, for hunting protected wildlife on public lands, 
providing:
(i)
transportation of people, equipment, supplies, protected wildlife to or from a 
location;
(ii)
cooking for the participants hunting, including fishing;
(iii)
packing, protecting, or supervising services; or
(iv)
guide services.
(b)
"Outfitting services" does not include an activity undertaken by the division or a 
division employee, associate, volunteer, contractor, or agent under authority granted 
in this title.
(7)
(a)
"Public lands" means any lands owned by the United States, the state, or a 
political subdivision or independent entity of the state that are open to the public for 
purposes of engaging in a wildlife related activity.
(b)
"Public lands" does not include lands owned by the United States, the state, or a 
political subdivision or independent entity of the state that are included in a 
cooperative wildlife management unit under Subsection 
23A-7-204(6)
 so long as the 
guiding and outfitting services furnished by the cooperative wildlife management 
unit are limited to hunting species of wildlife specifically authorized by the division 
in the unit's management plan.
(8)
"Retain" or "retained" means a written or oral agreement for the delivery of guide 
services or outfitter services between a guide or outfitter and the recipient of those 
services.
(9)
"Spotter" means an individual compensated by a guide or outfitter to locate or monitor 
the location of protected wildlife on public land.
Section 4, Section 
23A-4-1202
 is enacted to read:
23A-4-1202
Effective 
07/01/25
. Registration as guide, outfitter, or spotter -- 
Rulemaking.
(1)
Beginning July 1, 2025, to provide the services of a guide, outfitter, or spotter an 
individual is required to annually obtain a certificate of registration with the division 
under this part.
(2)
The division shall issue to an individual who qualifies under this part a certificate to 
operate as a:
(a)
guide;
(b)
outfitter; or
(c)
spotter.
(3)
The division shall maintain a record of each individual who is registered with the 
division under this part.
(4)
(a)
To register as a guide, a resident shall:
(i)
submit an application in a form prescribed by the division, subject to rules of the 
Wildlife Board;
(ii)
have the appropriate hunting or fishing license under this chapter to engage in the 
activity for which the guide provides guide services; and
(iii)
pay an annual registration fee of:
(A)
$250 if the resident provides guide services related to the hunting of big game 
or bear; or
(B)
$175 if the resident only provides guide services related to the hunting, 
including fishing, of protected wildlife other than big game or bear.
(b)
To register as a guide, a nonresident shall:
(i)
submit an application in a form prescribed by the division, subject to rules of the 
Wildlife Board;
(ii)
have the appropriate hunting or fishing license under this chapter to engage in the 
activity for which the guide provides guide services; and
(iii)
pay an annual registration fee of:
(A)
$750 if the nonresident provides guide services related to the hunting of big 
game or bear; or
(B)
$500 if the nonresident only provides guide services related to the hunting, 
including fishing, of protected wildlife other than big game or bear.
(5)
(a)
To register as an outfitter, a resident shall:
(i)
submit an application in a form prescribed by the division, subject to rules of the 
Wildlife Board;
(ii)
have the appropriate hunting or fishing license under this chapter to engage in the 
activity for which the outfitter provides outfitter services; and
(iii)
pay an annual registration fee of:
(A)
$500 if the resident provides services related to the hunting of big game or 
bear; or
(B)
$350 if the resident only provides services related to the hunting, including 
fishing, of protected wildlife other than big game or bear.
(b)
To register as an outfitter, a nonresident shall:
(i)
submit an application in a form prescribed by the division, subject to rules of the 
Wildlife Board;
(ii)
have the appropriate hunting or fishing license under this chapter to engage in the 
activity for which the outfitter provides outfitter services; and
(iii)
pay an annual registration fee of:
(A)
$1,500 if the nonresident provides services related to the hunting of big game 
or bear; or
(B)
$1,000 if the nonresident only provides services related to the hunting, 
including fishing, of protected wildlife other than big game or bear.
(6)
(a)
To register as a spotter, a resident shall:
(i)
submit an application in a form prescribed by the division, subject to rules of the 
Wildlife Board;
(ii)
have the appropriate hunting license under this chapter to engage in the activity 
for which the spotter provides services; and
(iii)
pay an annual registration fee of $125.
(b)
To register as a spotter, a nonresident shall:
(i)
submit an application in a form prescribed by the division, subject to rules of the 
Wildlife Board;
(ii)
have the appropriate hunting license under this chapter to engage in the activity 
for which the spotter provides services; and
(iii)
pay an annual registration fee of $375.
(7)
(a)
Notwithstanding a fee amount described in Subsections (4), (5), and (6), the 
Wildlife Board may increase or decrease the fee amount under this section.
(b)
An adjustment made by the Wildlife Board under Subsection (7)(a) takes effect 
when the Legislature adopts the fee schedule in the general session immediately 
following the adjustment.
(8)
The division shall deposit fees collected under this section into the Guide, Outfitter, and 
Spotter Fund created in Section 
23A-3-216
.
(9)
A registration automatically expires on the expiration date shown on the registration 
unless the registrant renews the registration.
(10)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
Wildlife Board may make rules to address:
(a)
the form of an application submitted under this section;
(b)
a prohibited activity under Section 
23A-4-1203
; or
(c)
an operation of a guide, outfitter, or spotter regulated under Section 
23A-4-1204
.
Section 5, Section 
23A-4-1203
 is enacted to read:
23A-4-1203
Effective 
07/01/25
. Grounds for denial or revoking of registration 
-- Prohibited activities.
(1)
The division shall refuse to register an applicant, refuse to renew, or revoke the 
certificate of registration of a registrant during the time period that the division suspends 
the applicant's or registrant's privilege to:
(a)
hunt, if the applicant or registrant provides services requiring registration under this 
part related to hunting; or
(b)
fish, if the applicant or registrant provides services requiring registration under this 
part related to fishing.
(2)
If the division suspends the privilege to hunt or fish under this title of the chief 
executive officer of an outfitter under which an applicant or registrant provides guide 
services, outfitting services, or spotting services:
(a)
 during the time period that the chief executive officer's privilege to hunt is 
suspended, the division shall:
(i)
refuse to issue a registration to the applicant for services requiring registration 
under this part related to hunting; and
(ii)
refuse to renew or shall revoke the registration of the registrant for services 
requiring registration under this part related to hunting; and
(b)
during the time period that the chief executive officer's privilege to fish is suspended, 
the division shall:
(i)
refuse to issue a registration to the applicant for services requiring registration 
under this part related to fishing; and
(ii)
refuse to renew or shall revoke the registration of the registrant for services 
requiring registration under this part related to fishing.
(3)
An individual may not use the title "guide," "outfitter," or "spotter" or any other title or 
designation to indicate that the individual is a guide, outfitter, or spotter or acting as a 
guide, outfitter, or spotter unless the individual is registered as a guide, outfitter, or 
spotter under this part.
(4)
An individual may not:
(a)
engage in an activity that would place a registrant's client's, prospective client's, or 
third party's safety at risk, recognizing the inherent risks associated with hunting 
wildlife and the activity engaged in being above and beyond those inherent risks;
(b)
use false, deceptive, or misleading advertising related to providing services as a 
guide, outfitter, or spotter;
(c)
misrepresent services, outcomes, facilities, equipment, or fees to a client or 
prospective client; or
(d)
fail to provide the division with active and current contact information within 30 
days of any change to the registrant's contact information that was provided to the 
division during registration or the renewal of registration as a guide, outfitter, or 
spotter.
(5)
(a)
If an individual violates this part, the division may:
(i)
revoke the certificate of registration of the individual; and
(ii)
suspend the individual's privilege to hunt or fish under this title.
(b)
An individual who violates Subsection 
(3)
 or (4) is guilty of a class B misdemeanor 
in accordance with Section 
23A-5-301
.
Section 6, Section 
23A-4-1204
 is enacted to read:
23A-4-1204
Effective 
07/01/25
. Operations of a guide, outfitter, and spotter -- 
Limits on retaining guide or outfitter -- Spotter.
(1)
Except as provided in Subsections (2) and (3), a person may not compensate an 
individual to provide guide services, outfitting services, or spotting services in 
connection with or in furtherance of taking protected wildlife on public land.
(2)
A person may compensate a guide or outfitter to help the person locate and take 
protected wildlife on public land if:
(a)
the guide or outfitter is registered and in good standing under this part;
(b)
the person has retained the guide or outfitter and is the recipient of the guide services 
or outfitting services;
(c)
the person possesses the licenses and permits required to take protected wildlife;
(d)
in total the number of individuals providing services requiring registration under this 
part does not exceed:
(i)
two individuals; or
(ii)
three individuals, if a guide or outfitter is retained for purposes of taking a moose, 
bison, bighorn sheep, or mountain goat;
(e)
subject to Subsection 
(2)(d)
, the retained guide or outfitter uses no more than two 
spotters; and
(f)
the person who retains the guide or outfitter is not simultaneously using another 
guide or outfitter to assist in taking the same species and sex of protected wildlife.
(3)
A registered guide or registered outfitter in good standing may use a spotter if:
(a)
the guide or outfitter is retained by the recipient of the guide services or outfitting 
services to assist the recipient to take protected wildlife on public land; and
(b)
the guide or outfitter does not use more than the number of spotters allowed under 
Subsections 
(2)(d)
 and (e).
(4)
(a)
A person who knowingly retains an individual that is not registered under this part 
as a guide or outfitter or who knowingly retains a spotter in violation of this section is 
guilty of a class B misdemeanor, except that, notwithstanding Section 
76-3-204
, a 
court may not sentence the person to imprisonment or probation.
(b)
The division may suspend a person's privilege to hunt or fish under this title if the 
person knowingly retains an individual that is not registered under this part as a guide 
or outfitter or knowingly retains a spotter in violation of this section.
Section 7, Section 
23A-4-1205
 is enacted to read:
23A-4-1205
Effective 
07/01/25
. Private land excluded.
This part does not apply to activities on private land.
Section 8, Section 
23A-5-309
 is amended to read:
23A-5-309
Effective 
07/01/25
. Taking, transporting, selling, or purchasing 
protected wildlife illegal except as authorized -- Criminal penalty.
(1)
Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a 
person may not:
(a)
take protected wildlife or wildlife parts;
(b)
collect, import, possess, transport, propagate, store, donate, transfer, or export 
protected wildlife or wildlife parts;
(c)
take, possess, sell, purchase, barter, donate, or trade protected wildlife or wildlife 
parts without having previously procured the necessary licenses, permits, tags, 
federal stamps, certificates of registration, authorizations, and receipts required in this 
title or a rule, proclamation, or order of the Wildlife Board;
(d)
take protected wildlife with a weapon, ammunition, implement, tool, device, or any 
part of any of these not specifically authorized in this title or a rule, proclamation, or 
order of the Wildlife Board;
(e)
possess while in pursuit of protected wildlife a weapon, ammunition, implement, 
tool, device, or any part of any of these not specifically authorized in this title or a 
rule, proclamation, or order of the Wildlife Board;
(f)
take protected wildlife using a method, means, process, or practice not specifically 
authorized in this title or a rule, proclamation, or order of the Wildlife Board;
(g)
take protected wildlife outside the season dates, location boundaries, and daily time 
frames established in rule, proclamation, or order of the Wildlife Board;
(h)
take protected wildlife in excess of the bag and possession limits established in rule, 
proclamation, or order of the Wildlife Board;
(i)
take protected wildlife in an area closed to hunting, trapping, or fishing by rule, 
proclamation, or order of the Wildlife Board, or by executive order of the director 
pursuant to Subsection 
23A-2-203(4)
;
(j)
practice falconry or capture, possess, or use birds in falconry;
(k)
take wildlife from an airplane or any other airborne vehicle or device or a motorized 
terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;
(l)
hold in captivity at any time any live protected wildlife;
(m)
use or permit a dog or other domestic or trained animal to take protected wildlife;
(n)
remove, damage, or destroy an occupied nest of protected wildlife;
(o)
release captured or captive wildlife into the wild;
(p)
use spotlighting to take protected wildlife;
(q)
employ or use a means of concealment or camouflage while taking protected wildlife 
which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;
(r)
possess or use bait or other attractant to take protected wildlife which is prohibited in 
this title or a rule, proclamation, or order of the Wildlife Board;
(s)
use a decoy or recorded or electronically amplified call which is prohibited in this 
title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;
(t)
commercially harvest protected wildlife, including brine shrimp and brine shrimp 
eggs;
(u)
use protected wildlife for commercial purposes or financial gain as prohibited by 
Section 
23A-5-304
;
(v)
enter, establish, or hold a contest or tournament involving the taking of protected 
wildlife;
(w)
operate or participate in a commercial hunting area as described in Section 
23A-12-202
;
 or
(x)
operate or participate in a cooperative wildlife management unit as defined in 
Section 
23A-7-101
.
; or
(y)
(i)
operate or participate in guide, outfitter, or spotter services or activities in 
violation of Chapter 4, Part 12, Guide, Outfitter, and Spotter; or
(ii)
knowingly retain a guide, outfitter, or spotter in violation of Chapter 4, Part 12, 
Guide, Outfitter, and Spotter.
(2)
Possession of protected wildlife without a valid license, permit, tag, certificate of 
registration, bill of sale, or invoice is prima facie evidence that the protected wildlife 
was illegally taken and is illegally held in possession.
(3)
A person is subject to the penalty under Section 
23A-5-301
 if the person:
(a)
violates Subsection 
(1)
; and
(b)
does so with criminal negligence as defined in Subsection 
76-2-103(4)
.
Section 9, Section 
23A-12-301
 is amended to read:
23A-12-301
Effective 
07/01/25
. Definitions.
(1)
The definitions in Section 
58-79-102
23A-4-1201
 apply to this part.
(2)
(a)
As used in this part, "waterfowl management area" means real property owned or 
managed by the division that is:
(i)
primarily used for the conservation, production, or recreational harvest of ducks, 
mergansers, geese, brant, swans, and other waterfowl; and
(ii)
designated as a waterfowl management area by the Wildlife Board in accordance 
with Section 
23A-12-303
.
(b)
"Waterfowl management area" includes the Willard Spur Waterfowl Management 
Area and the Harold Crane Waterfowl Management Area described in Section 
23A-6-403
.
Section 10, Section 
23A-12-302
 is amended to read:
23A-12-302
Effective 
07/01/25
. Prohibited activities.
(1)
A commercial 
hunting 
guide or outfitter may not use a waterfowl management area 
for any of the following, unless the commercial
 hunting
 guide or outfitter has an 
annual permit, issued by the Wildlife Board pursuant to this part, for the use:
(a)
hunting 
guide services or outfitter services; or
(b)
transportation of an individual to another area for the purpose of providing 
hunting 
guide services or outfitter services.
(2)
An individual may not construct a permanent blind or other permanent structure that is 
used for hunting within the boundaries of a waterfowl management area.
Section 11, Section 
23A-12-303
 is amended to read:
23A-12-303
Effective 
07/01/25
. Rulemaking -- Notice.
(1)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
Wildlife Board shall make rules:
(a)
designating and establishing the boundaries of a waterfowl management area;
(b)
governing the management and use of a waterfowl management area in accordance 
with this part; and
(c)
to create an annual permit process by which commercial 
hunting 
guides and 
outfitters may use waterfowl management areas in accordance with this part.
(2)
The annual permit process described in Subsection 
(1)(c)
 shall:
(a)
preserve the opportunity for non-guided hunters to use waterfowl management areas; 
and
(b)
require a permit holder to comply with safety standards established by the Wildlife 
Board.
(3)
The division shall provide an annual report to the Natural Resources, Agriculture, and 
Environment Interim Committee regarding any rules made or changed in accordance 
with this part.
(4)
The Wildlife Board shall publish a map of the boundaries of each waterfowl 
management area.
(5)
Nothing in this part modifies or limits:
(a)
Section 
23A-6-403
, or the discretion of the division to manage waterfowl 
management areas for other beneficial purposes, including for the benefit of the 
public, shorebirds, waterfowl, and other protected wildlife; or
(b)
the authority of the division, the director, or the Wildlife Board under 
Chapter 6, 
Lands and Waters for Wildlife Purposes
.
Section 12, Section 
63C-4a-403
 is amended to read:
63C-4a-403
Effective 
05/07/25
. Due process and adjudication for closure of a 
road -- Plans for R.S. 2477 rights.
(1)
(a)
Any road on or across federally managed property and that is found on a county's 
class B and class D road map or a county travel plan is presumed to be a public road 
open for public use unless the road has been closed through an appropriate action of 
the state or federal government properly adjudicated and with due process.
(b)
If the federal government attempts to close a road on a county's class B and class D 
road map or county travel plan without proper adjudication and due process:
(i)
the closure is invalid and has no effect; and
(ii)
the state and county may disregard the alleged closure.
(c)
In an adjudication to determine ownership of a disputed road that is included in a 
county travel plan, including an R.S. 2477 claim, the federal government has the 
burden of proof to show that the disputed road is not a public road and warrants 
closure.
(2)
The council may approve an R.S. 2477 plan if the R.S. 2477 plan:
(a)
provides for a good faith, cooperative effort between the state and each participating 
county;
(b)
allows a county to formally agree to participate in the R.S. 2477 plan by adopting a 
resolution;
(c)
provides that the state and a participating county are equal partners in determining 
litigation strategy and the expenditure of resources with respect to that county's rights 
under R.S. 2477; and
(d)
provides a process for resolving any disagreement between the state and a 
participating county about litigation strategy or resource expenditure that includes the 
following requirements:
(i)
the governor or the governor's designee and a representative of the Utah 
Association of Counties shall first attempt to resolve the disagreement;
(ii)
if the county and the state continue to disagree, the county, the governor, and the 
Utah Association of Counties shall present their recommendations to the council 
for a final decision about the strategy or expenditure in question; and
(iii)
the county may pursue a strategy or make an expenditure contrary to the final 
decision of the council only if the county does not claim resources provided to 
fund the R.S. 2477 plan.
(3)
The council shall ensure that the R.S. 2477 plan contains:
(a)
provisions identifying which expenditure types require approval of the R.S. 2477 
plan committee and which expenditure types may be made without the R.S. 2477 
plan committee approval;
(b)
provisions requiring that financial statements be provided to members of the R.S. 
2477 plan committee and members of the council, and the frequency with which 
those financial statements must be provided; 
(c)
provisions identifying those decisions or types of decisions that may be made by the 
R.S. 2477 plan committee and those decisions or types of decisions that must be 
referred to the council for decision; and
(d)
procedures to assert claims and respond to attempted closures as described in 
Subsection (1).
(4)
(a)
The Public Lands Policy Coordinating Office, in consultation with the 
committee, the Office of the Attorney General and the School and Institutional Trust 
Lands, shall prepare and submit a constitutional defense plan to the council for the 
council's approval.
(b)
The constitutional defense plan shall contain proposed action and expenditure for:
(i)
the council's or the commission's duties; or
(ii)
an action filed in accordance with Section 
67-5-29
.
(5)
(4)
The council shall:
(a)
review expenditures, at least 
quarterly
annually
, made to further a plan approved 
under this section;
(b)
approve an update to a plan under this section at least annually, or more often, if 
necessary; and
(c)
jointly, with
ensure that
 the Public Lands Policy Coordinating Office
,
:
(i)
present
presents
 a R.S. 2477 plan approved under this section, with any updates, 
to
:
(i)
the Legislature's
 the
 Natural Resources, Agriculture, and Environment Interim 
Committee 
by
on or before
 July 1 of each calendar year
, after providing the R.S. 
2477 plan to the committee at least seven days before the presentation
;
 and
(ii)
provides a hard copy or electronic copy of the R.S. 2477 plan approved under this 
section, with any updates to the plan, to:
(A)
the commission
, which may be by mail
; and
(iii)
(B)
the president of the Senate and the speaker of the House of 
Representatives
, which may be by mail
.
Section 13, Section 
63L-7-104
 is amended to read:
63L-7-104
Effective 
05/07/25
. Identification of a potential wilderness area.
(1)
(a)
Subject to Subsection 
(1)(b)
, the 
director
advisor
 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
advisor
 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
advisor
 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.
Section 14, Section 
63L-7-105
 is amended to read:
63L-7-105
Effective 
05/07/25
. 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
advisor
 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
advisor
 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
advisor
 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
advisor
 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
advisor
 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.
Section 15, Section 
63L-7-109
 is amended to read:
63L-7-109
Effective 
05/07/25
. Annual reports.
(1)
The 
director
advisor
 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
advisor
 of PLPCO shall report any recommendations for future action to 
the Natural Resources, Agriculture, and Environment Interim Committee by November 
30 of each year.
Section 16, Section 
63L-11-102
 is amended to read:
63L-11-102
Effective 
05/07/25
. Definitions.
As used in this chapter:
(1)
"Advisor" means the advisor of the office appointed under Section 
63L-11-201
.
(1)
(2)
"Coordinating committee" means the committee created in Section 
63L-11-401
.
(2)
(3)
"Executive director" means the 
public lands policy 
executive director
 of the 
Department of Natural Resources
 appointed under Section 
63L-11-201
79-2-202
.
(3)
(4)
"Office" means the Public Lands Policy Coordinating Office created in Section 
63L-11-201
.
(4)
(5)
"Political subdivision" means:
(a)
a county, municipality, special district, special service district, school district, or 
interlocal entity, as defined in Section 
11-13-103
; or
(b)
an administrative subunit of an entity listed in Subsection 
(4)(a)
(5)(a)
.
Section 17, Section 
63L-11-201
 is amended to read:
63L-11-201
Effective 
05/07/25
. Public Lands Policy Coordinating Office -- 
Advisor on public lands -- Appointment -- Qualifications -- Compensation.
(1)
(a)
There is created
 the Public Lands Policy Coordinating Office
 within the 
Department of Natural Resources
 the Public Lands Policy Coordinating Office to be 
administered by an executive director
.
(b)
The advisor on public lands is the executive and administrative head of the Public 
Lands Policy Coordinating Office.
(2)
(a)
The 
executive director shall be appointed by the governor
governor shall appoint 
the advisor
 with the advice and consent of the Senate
 and shall serve at the pleasure 
of the governor
.
(b)
The advisor shall:
(i)
serve at the pleasure of the governor; and
(ii)
report to the executive director on matters concerning the office as the executive 
director may require.
(3)
The 
executive director
advisor
 shall have demonstrated the necessary administrative 
and professional ability through education and experience to efficiently and effectively 
manage the office's affairs.
(4)
(a)
The 
executive director
advisor
 and employees of the office shall receive 
compensation as provided in 
Title 63A, Chapter 17, Utah State Personnel 
Management Act
.
(b)
The office space for the 
executive director
advisor
 and employees of the office shall 
be in a building where the Department of Natural Resources is located.
Section 18, Section 
63L-11-202
 is amended to read:
63L-11-202
Effective 
05/07/25
. Powers and duties of the office and advisor on 
public lands.
(1)
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;
(c)
for a R.S. 2477 plan approved under Section 
63C-4a-403
:
(i)
present the plan, with any updates to the plan, to the Natural Resources, 
Agriculture, and Environment Interim Committee on or before July 1 of each 
calendar year; and
(ii)
provide a hard copy or electronic copy of the plan, with any updates to the plan, 
to:
(A)
the Natural Resources, Agriculture, and Environment Interim Committee no 
later than seven days before the day of the presentation described in Subsection 
(1)(c)(i)
;
(B)
the Federalism Commission created in Section 
63C-4a-302
; and
(C)
the president of the Senate and the speaker of the House of Representatives;
(d)
develop 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; and
(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;
(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 coordinating committee;
(v)
School and Institutional Trust Lands Administration created under Section 
53C-1-201
;
 and
(vi)
the committee created under Section 
63A-16-507
 to award grants to counties to 
inventory and map R.S. 2477 rights-of-way, associated structures, and other 
features; and
(vii)
(vi)
the Constitutional Defense Council created under Section 
63C-4a-202
;
(f)
perform the duties established in Title 9, Chapter 8a, Part 3, Antiquities, and Title 9, 
Chapter 8a, 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
 created under Section 
63C-4a-202
; 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 executive director, with the advice of the Constitutional Defense Council, 
determines that the action provides a state benefit;
(k)
conduct the public lands transfer study and economic analysis required by Section 
63L-11-304
; and
(l)
fulfill the duties described in Section 
63L-10-103
.
(2)
The 
executive director
advisor
 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) in submitting the comment.
(3)
The office may enter into an 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.
(4)
In fulfilling the duties under this part, the office shall consult, as necessary, with:
(a)
the Department of Natural Resources;
(b)
the Department of Agriculture and Food;
(c)
the Department of Environmental Quality;
(d)
other applicable state agencies;
(e)
political subdivisions of the state;
(f)
federal land management agencies; and
(g)
elected officials.
Section 19, Section 
63L-11-305
 is amended to read:
63L-11-305
Effective 
05/07/25
. Facilitating the acquisition of federal land.
(1)
As used in this section:
(a)
"Federal land" means land that the secretary is authorized to dispose of under the 
federal land disposal law.
(b)
"Federal land disposal law" means the Recreation and Public Purposes Act, 43 
U.S.C. Sec. 869 et seq.
(c)
"Government entity" means any state or local government entity allowed to submit a 
land application under the federal land disposal law.
(d)
"Land application" means an application under the federal land disposal law 
requesting the secretary to sell or lease federal land.
(e)
"Land application process" means the actions involved in the process of submitting 
and obtaining a final decision on a land application.
(f)
"Secretary" means the Secretary of the Interior of the United States.
(2)
The office shall:
(a)
develop expertise:
(i)
in the land application process; and
(ii)
concerning the factors that tend to increase the chances that a land application 
will result in the secretary selling or leasing federal land as requested in the land 
application;
(b)
work to educate government entities concerning:
(i)
the availability of federal land pursuant to the federal land disposal law; and
(ii)
the land application process;
(c)
advise and consult with a government entity that requests assistance from the office 
to formulate and submit a land application and to pursue a decision on the land 
application;
(d)
advise and consult with a government entity that requests assistance from the office 
to identify and quantify the amount of any funds needed to provide the public use 
described in a land application;
(e)
adopt a list of factors to be considered in determining the degree to which a land 
application or potential land application is in the public interest;
(f)
recommend a prioritization of land applications or potential land applications in the 
state according to the extent to which the land applications are in the public interest, 
based on the factors adopted under Subsection 
(2)(e)
;
(g)
prepare and submit a written report of land applications:
(i)
to the Natural Resources, Agriculture, and Environment Interim Committee and 
the Federalism Commission;
(ii)
(A)
annually no later than August 31; and
(B)
at other times, if and as requested by the committee or commission; and
(iii)
(A)
on the activities of the office under this section;
(B)
on the land applications and potential land applications in the state;
(C)
on the decisions of the secretary on land applications submitted by 
government entities in the state; and
(D)
the quantity of land acquired under the land applications;
(h)
present a summary of information contained in the report described in Subsection 
(2)
(g):
(i)
at a meeting of the Natural Resources, Agriculture, and Environment Interim 
Committee and at a meeting of the Federalism Commission;
(ii)
annually no later than August 31; and
(iii)
at other times, if and as requested by the committee or commission; and
(i)
report to the Executive Appropriations Committee of the Legislature, as frequently as 
the 
executive director
advisor
 considers appropriate or as requested by the Executive 
Appropriations Committee, on the need for legislative appropriations to provide 
funds for the public purposes described in land applications.
(3)
The office may:
(a)
assist a government entity or the secretary in the filing and processing of a land 
application; and
(b)
enter into an agreement with the secretary related to the office assisting in processing 
a land application.
Section 20, Section 
63L-11-402
 is amended to read:
63L-11-402
Effective 
05/07/25
. Membership -- Terms -- Chair -- Expenses.
(1)
The Resource Development Coordinating Committee consists of the following 26 
members:
(a)
the state science advisor;
(b)
a representative from the Department of Agriculture and Food appointed by the 
commissioner of the Department of Agriculture and Food;
(c)
a representative from the Department of Cultural and Community Engagement 
appointed by the executive director of the Department of Cultural and Community 
Engagement;
(d)
a representative from the Department of Environmental Quality appointed by the 
executive director of the Department of Environmental Quality;
(e)
a representative from the Department of Natural Resources appointed by the 
executive director of the Department of Natural Resources;
(f)
a representative from the Department of Transportation appointed by the executive 
director of the Department of Transportation;
(g)
a representative from the Governor's Office of Economic Opportunity appointed by 
the director of the Governor's Office of Economic Opportunity;
(h)
a representative from the Housing and Community Development Division appointed 
by the director of the Housing and Community Development Division;
(i)
a representative from the Utah Historical Society appointed by the director of the 
Utah Historical Society;
(j)
a representative from the Division of Air Quality appointed by the director of the 
Division of Air Quality;
(k)
a representative from the Division of Drinking Water appointed by the director of the 
Division of Drinking Water;
(l)
a representative from the Division of Environmental Response and Remediation 
appointed by the director of the Division of Environmental Response and 
Remediation;
(m)
a representative from the Division of Waste Management and Radiation Control 
appointed by the director of the Division of Waste Management and Radiation 
Control;
(n)
a representative from the Division of Water Quality appointed by the director of the 
Division of Water Quality;
(o)
a representative from the Division of Oil, Gas, and Mining appointed by the director 
of the Division of Oil, Gas, and Mining;
(p)
a representative from the Division of Parks appointed by the director of the Division 
of Parks;
(q)
a representative from the Division of Outdoor Recreation appointed by the director 
of the Division of Outdoor Recreation;
(r)
a representative from the Division of Forestry, Fire, and State Lands appointed by the 
director of the Division of Forestry, Fire, and State Lands;
(s)
a representative from the Utah Geological Survey appointed by the director of the 
Utah Geological Survey;
(t)
a representative from the Division of Water Resources appointed by the director of 
the Division of Water Resources;
(u)
a representative from the Division of Water Rights appointed by the director of the 
Division of Water Rights;
(v)
a representative from the Division of Wildlife Resources appointed by the director of 
the Division of Wildlife Resources;
(w)
a representative from the School and Institutional Trust Lands Administration 
appointed by the director of the School and Institutional Trust Lands Administration;
(x)
a representative from the Division of Facilities Construction and Management 
appointed by the director of the Division of Facilities Construction and Management;
(y)
a representative from the Division of Emergency Management appointed by the 
director of the Division of Emergency Management; and
(z)
a representative from the Division of Conservation, created under Section 
4-46-401
, 
appointed by the director of the Division of Conservation.
(2)
(a)
As particular issues require, the coordinating committee may, by majority vote of 
the members present, appoint additional temporary members to serve as ex officio 
voting members.
(b)
Those ex officio members may discuss and vote on the issue or issues for which they 
were appointed.
(3)
A chair shall be selected by a vote of 14 committee members with the concurrence of 
the 
executive director
advisor
.
(4)
A member may not receive compensation or benefits for the member's service, but may 
receive per diem and travel expenses in accordance with:
(a)
Sections 
63A-3-106
 and 
63A-3-107
; and
(b)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
Section 21, Section 
63L-11-403
 is amended to read:
63L-11-403
Effective 
05/07/25
. Advisor on public lands responsibilities.
The 
executive director
advisor
 shall:
(1)
administer this part;
(2)
subject to the direction and approval of the governor, take necessary action to 
implement this part; and
(3)
inform political subdivision representatives, in advance, of all coordinating committee 
meetings.
Section 22, Section 
67-22-2
 is amended to read:
67-22-2
Effective 
05/07/25
. Compensation -- Other state officers.
(1)
As used in this section:
(a)
"Appointed executive" means the:
(i)
commissioner of the Department of Agriculture and Food;
(ii)
commissioner of the Insurance Department;
(iii)
commissioner of the Labor Commission;
(iv)
director, Department of Alcoholic Beverage Services;
(v)
commissioner of the Department of Financial Institutions;
(vi)
executive director, Department of Commerce;
(vii)
executive director, Commission on Criminal and Juvenile Justice;
(viii)
adjutant general;
(ix)
executive director, Department of Cultural and Community Engagement;
(x)
executive director, Department of Corrections;
(xi)
commissioner, Department of Public Safety;
(xii)
executive director, Department of Natural Resources;
(xiii)
executive director, Governor's Office of Planning and Budget;
(xiv)
executive director, Department of Government Operations;
(xv)
executive director, Department of Environmental Quality;
(xvi)
executive director, Governor's Office of Economic Opportunity;
(xvii)
executive director, Department of Workforce Services;
(xviii)
executive director, Department of Health and Human Services, Nonphysician;
(xix)
executive director, Department of Transportation;
(xx)
executive director, Department of Veterans and Military Affairs;
(xxi)
executive director
advisor
, Public Lands Policy Coordinating Office, created in 
Section 
63L-11-201
; 
(xxii)
Great Salt Lake commissioner, appointed under Section 
73-32-201
; and
(xxiii)
Utah water agent, appointed under Section 
73-10g-602
.
(b)
"Board or commission executive" means:
(i)
members, Board of Pardons and Parole;
(ii)
chair, State Tax Commission;
(iii)
commissioners, State Tax Commission;
(iv)
executive director, State Tax Commission;
(v)
chair, Public Service Commission; and
(vi)
commissioners, Public Service Commission.
(c)
"Deputy" means the person who acts as the appointed executive's second in 
command as determined by the Division of Human Resource Management.
(2)
(a)
The director of the Division of Human Resource Management shall:
(i)
before October 31 of each year, recommend to the governor a compensation plan 
for the appointed executives and the board or commission executives; and
(ii)
base those recommendations on market salary studies conducted by the Division 
of Human Resource Management.
(b)
(i)
The Division of Human Resource Management shall determine the salary range 
for the appointed executives by:
(A)
identifying the salary range assigned to the appointed executive's deputy;
(B)
designating the lowest minimum salary from those deputies' salary ranges as 
the minimum salary for the appointed executives' salary range; and
(C)
designating 105% of the highest maximum salary range from those deputies' 
salary ranges as the maximum salary for the appointed executives' salary range.
(ii)
If the deputy is a medical doctor, the Division of Human Resource Management 
may not consider that deputy's salary range in designating the salary range for 
appointed executives.
(c)
(i)
Except as provided in Subsection (2)(c)(ii), in establishing the salary ranges for 
board or commission executives, the Division of Human Resource Management 
shall set the maximum salary in the salary range for each of those positions at 
90% of the salary for district judges as established in the annual appropriation act 
under Section 
67-8-2
.
(ii)
In establishing the salary ranges for an individual described in Subsection 
(1)(b)(ii) or (iii), the Division of Human Resource Management shall set the 
maximum salary in the salary range for each of those positions at 100% of the 
salary for district judges as established in the annual appropriation act under 
Section 
67-8-2
.
(3)
(a)
(i)
Except as provided in Subsection (3)(a)(ii) or Subsection (3)(d), the 
governor shall establish a specific salary for each appointed executive within the 
range established under Subsection (2)(b).
(ii)
If the executive director of the Department of Health and Human Services is a 
physician, the governor shall establish a salary within the highest physician salary 
range established by the Division of Human Resource Management.
(iii)
The governor may provide salary increases for appointed executives within the 
range established by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
(b)
The governor shall apply the same overtime regulations applicable to other FLSA 
exempt positions.
(c)
The governor may develop standards and criteria for reviewing the appointed 
executives.
(d)
If under Section 
73-10g-602
 the governor appoints an individual who is serving in an 
appointed executive branch position to be the Utah water agent, the governor shall 
adjust the salary of the Utah water agent to account for salary received for the 
appointed executive branch position.
(4)
Salaries for other Schedule A employees, as defined in Section 
63A-17-301
, that are not 
provided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial 
Salary Act, shall be established as provided in Section 
63A-17-301
.
(5)
(a)
The Legislature fixes benefits for the appointed executives and the board or 
commission executives as follows:
(i)
the option of participating in a state retirement system established by Title 49, 
Utah State Retirement and Insurance Benefit Act, or in a deferred compensation 
plan administered by the State Retirement Office in accordance with the Internal 
Revenue Code and its accompanying rules and regulations;
(ii)
health insurance;
(iii)
dental insurance;
(iv)
basic life insurance;
(v)
unemployment compensation;
(vi)
workers' compensation;
(vii)
required employer contribution to Social Security;
(viii)
long-term disability income insurance;
(ix)
the same additional state-paid life insurance available to other noncareer service 
employees;
(x)
the same severance pay available to other noncareer service employees;
(xi)
the same leave, holidays, and allowances granted to Schedule B state employees 
as follows:
(A)
sick leave;
(B)
converted sick leave if accrued prior to January 1, 2014;
(C)
educational allowances;
(D)
holidays; and
(E)
annual leave except that annual leave shall be accrued at the maximum rate 
provided to Schedule B state employees;
(xii)
the option to convert accumulated sick leave to cash or insurance benefits as 
provided by law or rule upon resignation or retirement according to the same 
criteria and procedures applied to Schedule B state employees;
(xiii)
the option to purchase additional life insurance at group insurance rates 
according to the same criteria and procedures applied to Schedule B state 
employees; and
(xiv)
professional memberships if being a member of the professional organization is 
a requirement of the position.
(b)
Each department shall pay the cost of additional state-paid life insurance for its 
executive director from its existing budget.
(6)
The Legislature fixes the following additional benefits:
(a)
for the executive director of the State Tax Commission a vehicle for official and 
personal use;
(b)
for the executive director of the Department of Transportation a vehicle for official 
and personal use;
(c)
for the executive director of the Department of Natural Resources a vehicle for 
commute and official use;
(d)
for the commissioner of Public Safety:
(i)
an accidental death insurance policy if POST certified; and
(ii)
a public safety vehicle for official and personal use;
(e)
for the executive director of the Department of Corrections:
(i)
an accidental death insurance policy if POST certified; and
(ii)
a public safety vehicle for official and personal use;
(f)
for the adjutant general a vehicle for official and personal use; 
(g)
for each member of the Board of Pardons and Parole a vehicle for commute and 
official use; and
(h)
for the executive director of the Department of Veterans and Military Affairs a 
vehicle for commute and official use.
Section 23, Section 
79-1-103
 is amended to read:
79-1-103
Effective 
05/07/25
. Coordination council.
(1)
There is created a coordination council that consists of:
(a)
the executive director of the department;
(b)
the executive director of the Department of Environmental Quality;
(c)
the commissioner of the Department of Agriculture and Food;
(d)
the 
director
advisor
 of the Public Lands Policy Coordinating Office; and
(e)
the director of the Office of Energy Development.
(2)
The coordination council shall:
(a)
rotate the position of chair among the members; and
(b)
meet at least monthly.
(3)
The coordination council shall discuss methods to enhance the coordination of 
regulation and services of the five entities.
Section 24, Section 
79-2-204
 is amended to read:
79-2-204
Effective 
05/07/25
. Division directors -- Appointment -- Removal -- 
Jurisdiction of executive director.
(1)
(a)
The chief administrative officer of a division within the department is a director 
appointed by the executive director with the concurrence of the board having policy 
authority for the division.
(b)
The director of a division may be removed from office by the executive director.
(c)
The
Notwithstanding the provisions of this section, the
 appointment and term of 
office of
:
(i)
the state engineer
, notwithstanding anything to the contrary contained in this 
section,
 shall be in accordance with Section 
73-2-1
.
;
(ii)
the director of the Office of Energy Development shall be in accordance with 
Subsection 
79-6-401(2)
; and
(iii)
the advisor of the Public Lands Policy Coordinating Office created in Section 
63L-11-201
 shall be in accordance with Subsection 
63L-11-201(2)
.
(2)
(a)
The executive director has administrative jurisdiction over a division director for 
the purpose of implementing department policy as established by the division's board.
(b)
The executive director may:
(i)
consolidate personnel and service functions in the divisions to effectuate 
efficiency and economy in the operations of the department;
(ii)
establish a departmental services division to perform service functions; and
(iii)
employ law enforcement officers within the department that have all of the 
powers of a natural resources officer and law enforcement officer, with the 
exception of the power to serve civil process.
Section 25, Section 
79-6-401
 is amended to read:
79-6-401
Effective 
05/07/25
. Office of Energy Development -- Creation -- 
Director -- Purpose -- Rulemaking regarding confidential information -- Fees -- 
Transition for employees. 
(1)
There is created an Office of Energy Development within the Department of Natural 
Resources to be administered by a director.
(2)
(a)
The 
executive director
governor
 shall appoint the director 
and the director shall 
serve at the pleasure of the executive director
with the advice and consent of the 
Senate
.
(b)
The director shall
:
(i)
have demonstrated the necessary administrative and professional ability through 
education and experience to efficiently and effectively manage the office's affairs
.
;
(ii)
serve at the pleasure of the governor; and
(iii)
report to the executive director on matters concerning the office as the executive 
director may require.
(3)
The purposes of the office are to:
(a)
serve as the primary resource for advancing energy and mineral development in the 
state;
(b)
implement:
(i)
the state energy policy under Section 
79-6-301
; and
(ii)
the governor's energy and mineral development goals and objectives;
(c)
advance energy education, outreach, and research, including the creation of 
elementary, higher education, and technical college energy education programs;
(d)
promote energy and mineral development workforce initiatives; 
(e)
support collaborative research initiatives targeted at Utah-specific energy and 
mineral development;
(f)
in coordination with the Department of Environmental Quality and other relevant 
state agencies:
(i)
develop effective policy strategies to advocate for and protect the state's interests 
relating to federal energy and environmental entities, programs, and regulations;
(ii)
participate in the federal environmental rulemaking process by:
(A)
advocating for positive reform of federal energy and environmental 
regulations and permitting;
(B)
coordinating with other states to develop joint advocacy strategies; and
(C)
conducting other government relations efforts; and
(iii)
direct the funding of legal efforts to combat federal overreach and unreasonable 
delays regarding energy and environmental permitting; and
(g)
fund the development of detailed and accurate forecasts of the state's long-term 
energy supply and demand, including a baseline projection of expected supply and 
demand and analysis of potential alternative scenarios.
(4)
By following the procedures and requirements of Title 63J, Chapter 5, Federal Funds 
Procedures Act, the office may:
(a)
seek federal grants or loans;
(b)
seek to participate in federal programs; and
(c)
in accordance with applicable federal program guidelines, administer federally 
funded state energy programs.
(5)
The office shall perform the duties required by Sections 
11-42a-106
, 
59-5-102
, 
59-7-614.7
, 
59-10-1029
, Part 5, Alternative Energy Development Tax Credit Act, and 
Part 6, High Cost Infrastructure Development Tax Credit Act.
(6)
(a)
For purposes of administering this section, the office may make rules, by 
following Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to maintain as 
confidential, and not as a public record, information that the office receives from any 
source.
(b)
The office shall maintain information the office receives from any source at the level 
of confidentiality assigned by the source.
(7)
The office may charge application, filing, and processing fees in amounts determined by 
the office in accordance with Section 
63J-1-504
 as dedicated credits for performing 
office duties described in this part.
(8)
(a)
An employee of the office on April 30, 2024, is an at-will employee.
(b)
For an employee described in Subsection (8)(a) who was employed by the office on 
April 30, 2024, the employee shall have the same salary and benefit options an 
employee had when the office was part of the office of the governor.
(c)
An employee of the office hired on or after May 1, 2024, shall receive compensation 
as provided in Title 63A, Chapter 17, Utah State Personnel Management Act.
(9)
(a)
The office shall prepare a strategic energy plan to achieve the state's energy 
policy, including:
(i)
technological and infrastructure innovation needed to meet future energy demand 
including:
(A)
energy production technologies;
(B)
battery and storage technologies;
(C)
smart grid technologies;
(D)
energy efficiency technologies; and
(E)
any other developing energy technology, energy infrastructure planning, or 
investments that will assist the state in meeting energy demand;
(ii)
the state's efficient use and development of:
(A)
energy resources, including natural gas, coal, clean coal, hydrogen, oil, oil 
shale, and oil sands;
(B)
renewable energy resources, including geothermal, solar, hydrogen, wind, 
biomass, biofuel, and hydroelectric;
(C)
nuclear power; and
(D)
earth minerals;
(iii)
areas of energy-related academic research;
(iv)
specific areas of workforce development necessary for an evolving energy 
industry;
(v)
the development of partnerships with national laboratories; and
(vi)
a proposed state budget for economic development and investment.
(b)
In preparing the strategic energy plan, the office shall:
(i)
 consult with stakeholders, including representatives from:
(A)
energy companies in the state;
(B)
private and public institutions of higher education within the state conducting 
energy-related research; and
(C)
other state agencies; and
(ii)
use modeling and industry standard data to:
(A)
define the energy services required by a growing economy;
(B)
calculate energy needs;
(C)
develop state strategy for energy transportation, including transmission lines, 
pipelines, and other infrastructure needs;
(D)
optimize investments to meet energy needs at the least cost and least risk 
while meeting the policy outlined in this section;
(E)
address state needs and investments through a prospective 30-year period, 
divided into five-year working plans; and
(F)
update the plan at least every two years.
(c)
The office shall report annually to the Public Utilities, Energy, and Technology 
Interim Committee on or before the October interim meeting describing:
(i)
progress towards creation and implementation of the strategic energy plan; 
(ii)
the plan's compliance with the state energy policy; and
(iii)
a proposed budget for the office to continue development of the strategic energy 
plan.
(10)
The director shall:
(a)
annually review and propose updates to the state's energy policy, as contained in 
Section 
79-6-301
;
(b)
promote as the governor considers necessary:
(i)
the development of cost-effective energy resources both renewable and 
nonrenewable; and
(ii)
educational programs, including programs supporting conservation and energy 
efficiency measures;
(c)
coordinate across state agencies to assure consistency with state energy policy, 
including:
(i)
working with the State Energy Program to promote access to federal assistance for 
energy-related projects for state agencies and members of the public;
(ii)
working with the Division of Emergency Management to assist the governor in 
carrying out the governor's energy emergency powers under Title 53, Chapter 2a, 
Part 10, Energy Emergency Powers of the Governor Act;
(iii)
participating in the annual review of the energy emergency plan and the 
maintenance of the energy emergency plan and a current list of contact persons 
required by Section 
53-2a-902
; and
(iv)
identifying and proposing measures necessary to facilitate low-income 
consumers' access to energy services;
(d)
coordinate with the Division of Emergency Management ongoing activities designed 
to test an energy emergency plan to ensure coordination and information sharing 
among state agencies and political subdivisions in the state, public utilities and other 
energy suppliers, and other relevant public sector persons as required by Sections 
53-2a-902
, 
53-2a-1004
, 
53-2a-1008
, and 
53-2a-1010
;
(e)
coordinate with requisite state agencies to study:
(i)
the creation of a centralized state repository for energy-related information;
(ii)
methods for streamlining state review and approval processes for energy-related 
projects; and
(iii)
the development of multistate energy transmission and transportation 
infrastructure;
(f)
coordinate energy-related regulatory processes within the state;
(g)
compile, and make available to the public, information about federal, state, and local 
approval requirements for energy-related projects;
(h)
act as the state's advocate before federal and local authorities for energy-related 
infrastructure projects or coordinate with the appropriate state agency; and
(i)
help promote the Division of Facilities Construction and Management's measures to 
improve energy efficiency in state buildings.
(11)
The director has standing to testify on behalf of the governor at the Public Service 
Commission created in Section 
54-1-1
.
(12)
The office shall include best practices in developing actionable goals and 
recommendations as part of preparing and updating every two years the strategic energy 
plan required under Subsection (9).
(13)
The office shall maintain and regularly update a public website that provides an 
accessible dashboard of relevant metrics and reports and makes available the data used 
to create the strategic energy plan.
Section 26, Section 
79-6-407
 is amended to read:
79-6-407
Effective 
05/07/25
. Decommissioned Asset Disposition Authority.
(1)
As used in this section:
(a)
"Asset intended for decommissioning" means an electrical generation facility owned 
by a project entity that is intended to be removed from active service.
(b)
"Authority" means the Decommissioned Asset Disposition Authority created in this 
section.
(c)
"Fair market value" means the value of an electrical generation facility considering 
both the assets and liabilities of the facility, including the value of water rights 
necessary to operate the existing electrical generation facility at full capacity.
(d)
"Highest and best purchase offer" means the purchase offer for the asset intended for 
decommissioning that the authority determines to be in the overall best interest of the 
state, considering:
(i)
the purchase price offer amount;
(ii)
the potential purchaser's:
(A)
commitment to utilize the best available control technology;
(B)
intent to use state resources to the maximum extent feasible;
(C)
commitment to provide jobs and other economic benefits to the state;
(D)
intent to promote the interests of state residents and ratepayers; and
(E)
financial capability; and
(iii)
any other factors the authority considers relevant.
(e)
"Project entity" means the same as that term is defined in Section 
11-13-103
.
(2)
There is established within the office the Decommissioned Asset Disposition Authority.
(3)
(a)
The authority shall be composed of:
(i)
the 
executive 
director of the office;
(ii)
two members appointed by the governor;
(iii)
two members appointed by the president of the Senate; and
(iv)
two members appointed by the speaker of the House of Representatives.
(b)
The office shall provide staff and support to the authority.
(4)
The authority shall:
(a)
provide recommendations to the governor and Legislature regarding the state 
exercising an option to purchase an asset intended for decommissioning;
(b)
if the state exercises an option to purchase the asset intended for decommissioning 
under Section 
11-13-318
:
(i)
enter into contracts and agreements related to the decommissioned asset;
(ii)
govern the disposition of assets intended for decommissioning as outlined in 
Subsection (6); and
(iii)
take any other action necessary for governance of a decommissioned asset 
purchased by the state;
(c)
contract with independent professionals that have expertise in emissions modeling, 
air quality impact assessments, regulatory compliance, and any other discipline 
necessary for the preparation and submission of a complete alternative air permit 
application, including:
(i)
conducting emissions modeling, air quality impact assessments, and gathering any 
other information necessary for inclusion in a complete alternative air permit 
application;
(ii)
preparing the full application with all necessary information included, as would 
be required for an application submitted by the owner of the electrical generation 
facility; and
(iii)
submitting the full permit application to the Division of Air Quality; and
(d)
submit a complete alternative air permit application to the division on or before 
December 31, 2024, unless the authority determines that it is not feasible to submit a 
complete application on or before that date.
(5)
If the authority determines under Subsection (4)(d) that it is not feasible to submit a 
complete application on or before December 31, 2024, the authority shall:
(a)
submit a written report to the Legislative Management Committee on or before 
December 15, 2024, explaining the reasons for the delay and providing an estimated 
time line for submitting the complete application; and
(b)
submit the complete application to the division as soon as practicable after December 
31, 2024.
(6)
If the state exercises an option to purchase or otherwise take control of the asset 
intended for decommissioning under Section 
11-13-318
, the authority may, no sooner 
than July 2, 2025:
(a)
hold a public hearing to receive comment and evidence regarding:
(i)
the fair market value of the asset, including the valuation study conducted by the 
authority under Section 
79-6-408
; and
(ii)
the proposed disposition of the decommissioned asset;
(b)
establish procedures and timelines for potential purchasers to submit binding 
purchase offers;
(c)
evaluate all purchase offers to determine the highest and best purchase offer;
(d)
approve the sale of the decommissioned asset to the purchaser that has submitted the 
highest and best purchase offer; and
(e)
take any other action necessary to govern the disposition of the decommissioned 
asset in accordance with this section.
(7)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
authority shall make rules that establish:
(a)
procedures and associated timelines for potential purchasers to submit binding 
purchase offers for a decommissioned asset;
(b)
objective criteria and a process to evaluate all purchase offers submitted for a 
decommissioned asset and determine which purchase offer is the highest and best 
offer; and
(c)
a process for the authority to approve the sale of a decommissioned asset to the 
purchaser that has submitted the highest and best purchase offer.
Section 27, 
Repealer.
Limitation on compensating people to locate big game animals.
Title.
Definitions.
Hunting guide and outfitter rules.
Registration required.
Qualifications for registration.
Term of registration -- Expiration -- Renewal.
Exemptions from registration.
Grounds for denial of registration -- Disciplinary proceedings.
Unlawful conduct.
Unprofessional conduct.
Committee to award grants to counties for inventory and mapping 
of R.S. 2477 rights-of-way -- Use of grants -- Request for proposals.
Section 28. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect July 1, 2025.
(2)
The actions affecting the following sections take effect on May 7, 2025:
(a)
Section 
63A-16-507
;
(b)
Section 
63C-4a-403
 (Effective 05/07/25);
(c)
Section 
63L-7-104
 (Effective 05/07/25);
(d)
Section 
63L-7-105
 (Effective 05/07/25);
(e)
Section 
63L-7-109
 (Effective 05/07/25);
(f)
Section 
63L-11-102
 (Effective 05/07/25);
(g)
Section 
63L-11-201
 (Effective 05/07/25);
(h)
Section 
63L-11-202
 (Effective 05/07/25);
(i)
Section 
63L-11-305
 (Effective 05/07/25);
(j)
Section 
63L-11-402
 (Effective 05/07/25);
(k)
Section 
63L-11-403
 (Effective 05/07/25);
(l)
Section 
67-22-2
 (Effective 05/07/25);
(m)
Section 
79-1-103
 (Effective 05/07/25);
(n)
Section 
79-2-204
 (Effective 05/07/25);
(o)
Section 
79-6-401
 (Effective 05/07/25); and
(p)
Section 
79-6-407
 (Effective 05/07/25).
Section 29. 
Coordinating S.B. 149 with other 2025 General Session legislation.
The Legislature intends that, on May 7, 2025, all references to the term "executive 
director" or "director" of the Public Lands Policy Coordinating Office change to "advisor" in 
any new language added to the Utah Code by legislation that passes in the 2025 General 
Session and becomes law.
3-14-25 2:42 PM