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  • (1)
    • (a) If the division determines a state property is appropriate for state monument designation, the director shall submit a written proposal to the committee outlining the division's determination.
    • (b) The division shall submit the written proposal described in Subsection (1)(a) to the county commission or county council of any county that will contain some or all of the proposed monument within the county's geographic borders.
    • (c) Within 45 days of the day on which a county commission or county council receives a written proposal from the division, the county commission or county council shall:
      • (i) pass a resolution stating the county commission or county council's support or opposition to the proposed monument; and
      • (ii) submit the resolution to the committee.
  • (2)
    • (a) Within 90 days of the day on which the committee receives a written proposal, and subject to Subsections (2)(b) and (4), the committee shall vote to either recommend the proposal to the Legislature or return the proposal to the division for further study and evaluation.
    • (b) If the county commission or county council opposes the proposal through resolution, as described in Subsection (1)(c), the committee may not take action.
  • (3)
    • (a) If a county determines that a parcel within the county's jurisdictional boundaries is appropriate for state monument designation, as described in Section 79-4-1204, the county shall:
      • (i) pass a resolution in support of designation; and
      • (ii) submit the resolution in support of designation to the division and the committee.
    • (b) Within 45 days of the day on which the division receives a county resolution in support of a state monument, the division shall prepare a report accepting or rejecting the county's proposal, including an analysis of the state's financial cost of maintaining the proposed state monument, and submit that report to the committee. The financial analysis shall include identifying an ongoing funding source to ensure costs associated with maintaining and protecting the state monument are available.
    • (c) Within 90 days of the day on which the committee receives the report described in Subsection (3)(b), and subject to Subsection (4), the committee shall vote to either recommend the proposal to the Legislature or reject the proposal.
  • (4) If a proposed state monument falls within the jurisdictional boundaries of a city or town, and the city or town passes a resolution in opposition to designation of the state monument, the committee may not take action.
  • (5) If a proposed state monument falls within state land managed by a state agency other than the division:
    • (a) the division shall consult with the managing state agency regarding the monument designation proposal; and
    • (b) the committee may not recommend the proposal to the Legislature if designating the state land may cause the managing state agency to breach a fiduciary, contractual, or other legal obligation governing management or use of the state land.




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