(1) As used in this section:

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Terms Used In Utah Code 63L-8-402

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commissioner: means the commissioner of the Department of Agriculture and Food, or the commissioner's designee. See Utah Code 63L-8-102
  • Director: means the director of the Department of Land Management or the director's designee. See Utah Code 63L-8-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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 :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Public land: means any land or land interest:
         (10)(a) acquired by the state from the federal government pursuant to Section 63L-6-103, except:
              (10)(a)(i) areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and
              (10)(a)(ii) lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act; or
         (10)(b) for which the state is given management responsibility from the federal government. See Utah Code 63L-8-102
  • Rangeland: means open public land used for grazing domestic livestock. See Utah Code 63L-8-102
  • 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
     (1)(a) “Animal unit” means one mature 1,000 pound cow and the cow’s suckling calf.
     (1)(b) “Animal unit month” means the amount of forage needed by an animal unit grazing for one month.
     (1)(c) “Forage” means the food and water necessary to sustain a cow, according to the cow’s metabolic weight.
(2) The Legislature finds that, as of 2016, a substantial amount of the rangelands on the public land is deteriorating in quality due to federal mismanagement, and that installation of additional range improvements could arrest much of the continuing deterioration and lead to substantial betterment of forage conditions with resulting benefits to wildlife, watershed protection, and livestock production.
(3) The director, in consultation with the commissioner, shall establish a fee, in accordance with Section 63J-1-504, to be charged for domestic livestock grazing on public land that is equitable to the:

     (3)(a) state and the state’s citizens; and
     (3)(b) holders of grazing permits and leases on rangeland.
(4) Subject to Subsection (5), the fee described in Subsection (3) shall be:

     (4)(a) determined using the following indices:

          (4)(a)(i) the rental charge of pasturing cattle on private rangeland, or the forage value index (FVI);
          (4)(a)(ii) the average annual sales price of beef cattle, or the beef cattle price index (BCPI); and
          (4)(a)(iii) the cost of livestock production, or the prices paid index (PPI); and
     (4)(b) calculated as follows: ((FVI + BCPI – PPI)/100).
(5)

     (5)(a) The minimum grazing fee shall be $1.35 per animal unit month.
     (5)(b) The annual fee adjustment may not exceed 25% of the grazing fee from the previous fiscal year.
(6)

     (6)(a) Fifty percent of all money received by the state as fees for grazing domestic livestock on public land shall be deposited into the Grazing Land Fund created in Section 63L-8-310.
     (6)(b) Fifty percent of money received by the state as fees for grazing domestic livestock on the public land shall be deposited into the Public Land Management Fund created in Section 63L-8-308.
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