Powers and duties of division.

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  • (1) As used in this section, "real property" includes land under water, upland, and all other property commonly or legally defined as real property.
  • (2) The Division of Wildlife Resources shall retain the power and jurisdiction conferred upon the Division of Wildlife Resources by law on property controlled by the division with reference to fish and game.
  • (3) The division shall permit multiple use of property controlled by the division for purposes such as grazing, fishing, hunting, camping, mining, and the development and use of water and other natural resources.
  • (4)
    • (a) The division may acquire real and personal property in the name of the state by legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or otherwise, subject to the approval of the executive director and the governor.
    • (b) In acquiring real or personal property, the credit of the state may not be pledged without the consent of the Legislature.
  • (5)
    • (a) Before acquiring any real property, the division shall notify the county legislative body of the county where the property is situated of the division's intention to acquire the property.
    • (b) If the county legislative body requests a hearing within 10 days of receipt of the notice, the division shall hold a public hearing in the county concerning the matter.
  • (6) Acceptance of gifts or devises of land or other property is at the discretion of the division, subject to the approval of the executive director and the governor.
  • (7) The division shall acquire property by eminent domain in the manner authorized by Title 78B, Chapter 6, Part 5, Eminent Domain.
  • (8)
    • (a) The division may make charges for special services and use of facilities, the income from which is available for recreation purposes.
    • (b) The division may conduct and operate those services necessary for the comfort and convenience of the public.
  • (9)
    • (a) The division may lease or rent concessions of lawful kinds and nature on property to persons, partnerships, and corporations for a valuable consideration after consulting with the commission.
    • (b) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in selecting concessionaires.
  • (10) The division shall proceed without delay to negotiate with the federal government concerning the Weber Basin and other recreation and reclamation projects.
  • (11) The division shall coordinate with and annually report to the following regarding land acquisition and development and grants administered under Chapter 8, Outdoor Recreation Grants:
    • (a) the Utah Office of Outdoor Recreation;
    • (b) the Division of State Parks; and
    • (c) the Office of Rural Development.




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