Facilitating the acquisition of federal land -- Advisory committee.

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2. Utah Code
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5. Office Duties Related to Federal Land
6. Facilitating the acquisition of federal land -- Advisory committee.

Affected by 63I-1-263 on 7/1/2022

Effective 7/1/2021
63L-11-305. Facilitating the acquisition of federal land -- Advisory committee.

• (1) As used in this section:
  • (a) "Advisory committee" means the committee established under Subsection (3).
  • (b) "Federal land" means land that the secretary is authorized to dispose of under the federal land disposal law.
  • (c) "Federal land disposal law" means the Recreation and Public Purposes Act, 43 U.S.C. Sec. 869 et seq.
  • (d) "Government entity" means any state or local government entity allowed to submit a land application under the federal land disposal law.
  • (e) "Land application" means an application under the federal land disposal law requesting the secretary to sell or lease federal land.
  • (f) "Land application process" means all actions involved in the process of submitting and obtaining a final decision on a land application.
  • (g) "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) with the advice and recommendations of the advisory committee:
    • (i) 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; and
    • (ii) recommend a prioritization of all 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)(i);
  • (f) 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; and
      • (C) on the decisions of the secretary on land applications submitted by government entities in the state and the quantity of land acquired under the land applications;
  • (g) present a summary of information contained in the report described in Subsection (2)(f):
    • (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
  • (h) report to the Executive Appropriations Committee of the Legislature, as frequently as the executive director considers appropriate or as requested by the committee, on the need for legislative appropriations to provide funds for the public purposes described in land applications.

• (3)
  • (a) There is created an advisory committee comprised of:
    • (i) an individual designated by the chairs of the Federalism Commission;
    • (ii) an individual designated by the director of the Division of Facilities Construction and Management;
    • (iii) a representative of the Antiquities Section, created in Section 9-8-304, designated by the director of the Division of State History;
    • (iv) a representative of municipalities designated by the Utah League of Cities and Towns;
    • (v) a representative of counties designated by the Utah Association of Counties;
    • (vi) an individual designated by the Governor's Office of Economic Opportunity; and
    • (vii) an individual designated by the director of the Division of State Parks, created in Section 79-4-201.
  • (b) The seven members of the advisory committee under Subsection (3)(a) may, by majority vote, appoint up to four additional volunteer members of the advisory committee.
  • (c) The advisory committee shall advise and provide recommendations to the office on:
    • (i) factors the office should consider in determining the degree to which a land application or potential land application is in the public interest; and
    • (ii) the 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)(i).
  • (d) A member of the advisory committee may not receive compensation, benefits, or expense reimbursement for the member's service on the advisory committee.
  • (e) The advisory committee may:
    • (i) select a chair from among the advisory committee members; and
    • (ii) meet as often as necessary to perform the advisory committee's duties under this section.
  • (f) The executive director shall facilitate the convening of the first meeting of the advisory committee.

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