Department duties.

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  • (1) In administering the program created in Section 79-2-504, the department shall:
    • (a) create a system through which:
      • (i) a person may:
        • (A) generate a mitigation credit from the department if the person creates a conservation bank by enhancing and dedicating land for sage grouse habitat and conservation; and
        • (B) sell a mitigation credit generated under Subsection (1)(a)(i)(A) to another person that permanently disturbs sage grouse habitat;
      • (ii) the state may generate a mitigation credit by enhancing and dedicating land for sage grouse habitat and conservation;
      • (iii) a person may purchase a mitigation credit generated by the state under Subsection (1)(a)(ii) for no less than the state's total cost of enhancing and dedicating the land; and
      • (iv) a person may use a mitigation credit to permanently disturb sage grouse habitat to the extent that the person possesses sufficient mitigation credits;
    • (b) create a system for tracking mitigation credits that are created, purchased, sold, or used under Subsection (1);
    • (c) establish procedures and criteria to identify and approve land that a person or a governmental entity may use for compensatory mitigation; and
    • (d) consistent with this chapter, integrate and coordinate the program with other state, local, private, and non-profit plans to protect and manage sage grouse habitat.
  • (2) The state's total cost described under Subsection (1)(a)(iii) may include costs associated with the department's administration of the program.




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