63L-11-203.  Resource management plan administration.

(1)  The office shall consult with the Federalism Commission before expending funds appropriated by the Legislature for the implementation of this section.

Terms Used In Utah Code 63L-11-203

  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Land: includes :Utah Code 68-3-12.5
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Office: means the Public Lands Policy Coordinating Office created in Section 63L-11-201. See Utah Code 63L-11-102
  • 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
(2)  To the extent that the Legislature appropriates sufficient funding, the office may procure the services of a non-public entity in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to assist the office with the office’s responsibilities described in Subsection (3).

(3)  The office shall:

(a)  assist each county with the creation of the county’s resource management plan by:

(i)  consulting with the county on policy and legal issues related to the county’s resource management plan; and

(ii)  helping the county ensure that the county’s resource management plan meets the requirements of Subsection 17-27a-401(3);

(b)  promote quality standards among all counties’ resource management plans; and

(c)  upon submission by a county, review and verify the county’s:

(i)  estimated cost for creating a resource management plan; and

(ii)  actual cost for creating a resource management plan.

(4) 

(a)  A county shall cooperate with the office, or an entity procured by the office under Subsection (2), with regards to the office’s responsibilities under Subsection (3).

(b)  To the extent that the Legislature appropriates sufficient funding, the office may, in accordance with Subsection (4)(c), provide funding to a county before the county completes a resource management plan.

(c)  The office may provide pre-completion funding described in Subsection (4)(b):

(i)  after:

(A)  the county submits an estimated cost for completing the resource management plan to the office; and

(B)  the office reviews and verifies the estimated cost in accordance with Subsection (3)(c)(i); and

(ii)  in an amount up to:

(A)  50% of the estimated cost of completing the resource management plan, verified by the office; or

(B)  $25,000, if the amount described in Subsection (4)(c)(i)(A) is greater than $25,000.

(d)  To the extent that the Legislature appropriates sufficient funding, the office shall provide funding to a county in the amount described in Subsection (4)(e) after:

(i)  a county’s resource management plan:

(A)  meets the requirements described in Subsection 17-27a-401(3); and

(B)  is adopted under Subsection 17-27a-404(5)(d);

(ii)  the county submits the actual cost of completing the resource management plan to the office; and

(iii)  the office reviews and verifies the actual cost in accordance with Subsection (3)(c)(ii).

(e)  The office shall provide funding to a county under Subsection (4)(d) in an amount equal to the difference between:

(i)  the lesser of:

(A)  the actual cost of completing the resource management plan, verified by the office; or

(B)  $50,000; and

(ii)  the amount of any pre-completion funding that the county received under Subsections (4)(b) and (c).

(5)  To the extent that the Legislature appropriates sufficient funding, after the deadline established in Subsection 17-27a-404(5)(d) for a county to adopt a resource management plan, the office shall:

(a)  obtain a copy of each county’s resource management plan;

(b)  create a statewide resource management plan that:

(i)  meets the same requirements described in Subsection 17-27a-401(3); and

(ii)  to the extent reasonably possible, coordinates and is consistent with any resource management plan or land use plan established under Title 63J, Chapter 8, State of Utah Resource Management Plan for Federal Lands; and

(c)  submit a copy of the statewide resource management plan to the Federalism Commission for review.

(6)  Following review of the statewide resource management plan, the Federalism Commission shall prepare a concurrent resolution approving the statewide resource management plan for consideration during the 2018 General Session.

(7)  To the extent that the Legislature appropriates sufficient funding, the office shall provide legal support to a county that becomes involved in litigation with the federal government over the requirements of Subsection 17-27a-405(3).

(8)  After the statewide resource management plan is approved, as described in Subsection (6), and to the extent that the Legislature appropriates sufficient funding, the office shall monitor the implementation of the statewide resource management plan at the federal, state, and local levels.

Amended by Chapter 274, 2022 General Session

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