51-9-902.  Outdoor Adventure Infrastructure Restricted Account.

(1)  As used in this section, “outdoor recreation infrastructure” means:

Terms Used In Utah Code 51-9-902

  • Account: means the Outdoor Adventure Infrastructure Restricted Account created in Section 51-9-902. See Utah Code 51-9-901
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Land: includes :Utah Code 68-3-12.5
  • Outdoor recreation infrastructure: includes :
(i) a facility used for water sports, snow sports, backpacking, canoeing, canyoning, caving, camping, climbing, hiking, hill walking, hunting, kayaking, rafting, biking, operating a snowmobile or all-terrain vehicle, or any similar motorized or nonmotorized activity; and
(ii) a state park, golf course, sports field, playground, toboggan run, sledding hill, trail, paved pedestrian or paved nonmotorized transportation facility, park, pool, waterway, road, bridge, or similar facility. See Utah Code 51-9-901
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • (a)  an unpaved trail, trail head infrastructure, signage, or crossing infrastructure for recreation, regardless of whether the recreation is motorized or nonmotorized recreation;

    (b)  a campground or day-use recreation site;

    (c)  water recreation infrastructure, including a pier, dock, or boat ramp; or

    (d)  outdoor recreation facilities that are accessible to visitors with disabilities.

    (2)  There is created within the General Fund a restricted account known as the “Outdoor Adventure Infrastructure Restricted Account.”

    (3)  The account shall consist of:

    (a)  money deposited into the account under Subsection 59-12-103(15); and

    (b)  interest and earnings on money in the account.

    (4)  Subject to appropriation from the Legislature, money from the account shall be used for:

    (a)  new construction of outdoor recreation infrastructure;

    (b)  upgrades of outdoor recreation infrastructure;

    (c)  the replacement of or structural improvements to outdoor recreation infrastructure;

    (d)  the acquisition of land, a right-of-way, or easement used in relationship to outdoor recreation infrastructure; or

    (e)  providing access from state highways, as defined in Section 72-1-102, to outdoor recreation infrastructure.

    (5)  For each fiscal year, beginning with fiscal year 2023-2024, the Division of Finance shall, subject to appropriation by the Legislature, distribute money from the Outdoor Adventure Infrastructure Restricted Account as follows:

    (a)  at least 15% to the Department of Natural Resources – Division of State Parks – Capital, to be expended using the department’s existing prioritization process for capital projects in state parks described in Subsection (4);

    (b)  at least 22% to the Department of Natural Resources – Division of Outdoor Recreation – Capital, to be expended for competitive Recreation Restoration Infrastructure grants or Outdoor Recreational Infrastructure grants for outdoor recreation capital projects and related maintenance expenses, where maintenance expenses do not exceed 15% of the appropriation; and

    (c)  at least 53% to the Department of Natural Resources – Division of Outdoor Recreation – Capital, to be expended for larger outdoor recreation infrastructure projects as recommended to the Legislature by the Outdoor Adventure Commission described in Subsection (4).

    (6)  If the Legislature appropriates money to the Department of Transportation from the account, the Transportation Commission, created in Section 72-1-301, shall prioritize projects and determine funding levels in accordance with Subsection 72-1-303(1)(a) based on recommendations of the Department of Transportation.

    Amended by Chapter 183, 2023 General Session
    Amended by Chapter 471, 2023 General Session