63L-2-201.  Federal government acquisition of real property in the state.

(1)  As used in this section:

Terms Used In Utah Code 63L-2-201

  • Land: includes :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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  “Governmental entity” means:

(i)  an agency, as that term is defined in Subsection 63G-10-102(2);

(ii)  the School and Institutional Trust Lands Administration created in Section 53C-1-201;

(iii)  the School and Institutional Trust Lands Board of Trustees created in Section 53C-1-202; or

(iv)  a county.

(b)  “Governmentally controlled land” means land owned or managed by a governmental entity.

(2) 

(a)  Before legally binding the state by executing an agreement to sell or transfer to the United States government 500 or more acres of governmentally controlled land or school and institutional trust lands, a governmental entity shall submit the agreement or proposal:

(i)  to the Legislature for its approval or rejection; or

(ii)  in the interim, to the Legislative Management Committee for review of the agreement or proposal.

(b)  The Legislative Management Committee may:

(i)  recommend that the governmental entity execute the agreement or proposal;

(ii)  recommend that the governmental entity reject the agreement or proposal; or

(iii)  recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the agreement or proposal.

(3)  Before legally binding the state by executing an agreement to sell or transfer to the United States government less than 500 acres of any governmentally controlled land or school and institutional trust lands, a governmental entity shall notify the Natural Resources, Agriculture, and Environment Interim Committee.

(4)  Notwithstanding Subsections (2) and (3), the Legislature approves all conveyances of school trust lands to the United States government made for the purpose of completing the Red Cliffs National Conservation Area in Washington County.

(5)  A governmental entity may, in the governmental entity’s discretion, give written notice to the Legislative Management Committee of formal negotiations the governmental entity enters into with a federal agent or entity intended or likely to result in:

(a)  the sale, exchange, or transfer of specific governmentally controlled land or school and institutional trust lands to the federal government; or

(b)  designation of specific governmentally controlled land or school and institutional trust lands as a federal park, monument, or wilderness area.

Amended by Chapter 457, 2019 General Session