Utah Code 63L-7-105. Report to the governor — Governor’s report to the Legislature — Designation of a protected wilderness area — Modification of a protected wilderness area — Rulemaking authority
Within five years of the acquisition date of a parcel of land, the director of PLPCO shall:
Terms Used In Utah Code 63L-7-105
Acquisition date: means the day on which the state received title to land. See Utah Code 63L-7-103
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.
Conservation area: means an area that potentially has wilderness characteristics. See Utah Code 63L-7-103
PLPCO: means the Public Lands Policy Coordination Office. See Utah Code 63L-7-103
Protected wilderness area: means an area of wilderness that has been designated under this chapter as part of the Utah wilderness preservation system. See Utah Code 63L-7-103
Wilderness: means a roadless area of undeveloped state-owned land, other than land owned by the School and Institutional Trust Lands Administration, that:
(a)
is acquired by the state from the federal government through purchase, exchange, grant, or any other means of conveyance of title after May 13, 2014;
(b)
retains its primeval character and influence, without permanent improvements or human habitation;
(c)
generally appears to have been affected primarily by the forces of nature, with minimal human impact;
(d)
has at least 5,000 contiguous acres of land, or is of sufficient size as to make practicable its preservation and use in an unimpaired condition;
(e)
has outstanding opportunities for solitude, or a primitive and unconfined type of recreation; and
(f)
may contain ecological, geological, or other features of scientific, educational, scenic, or historical value. See Utah Code 63L-7-103
review all areas identified as conservation areas under Section 63L-7-104; and
(b)
subject to Subsection (3), submit a report and recommendation to the governor on the suitability of a conservation area for designation as a protected wilderness area.
(2)
Before making a recommendation, the director of PLPCO shall:
(a)
give notice of the proposed recommendation in a newspaper having general circulation in the vicinity of the affected land;
(b)
hold a public hearing at a location convenient to citizens who live in the affected area; and
(c)
at least 30 days before the date of the hearing described in Subsection (2)(b), invite local authorities to submit their opinions on the proposed action:
(i)
at the hearing; or
(ii)
to the director of PLPCO, in writing, no later than 30 days after the day on which the hearing is held.
(3)
Any opinions submitted to the director of PLPCO shall be included with any recommendations to the governor under Subsection (2) and the Legislature under Subsection (5).
(4)
The governor shall, after receiving the reports described in Subsection (1)(b):
(a)
formulate a recommendation on which conservation areas to designate as protected wilderness areas; and
(b)
advise the speaker of the House of Representatives and the president of the Senate of the governor’s recommendation.
(5)
An area shall be designated as a protected wilderness area upon a concurrent resolution of the Legislature, the governor concurring therein, including:
(a)
the legal description of the proposed protected wilderness area; and
(b)
any special conditions that shall be placed upon the protected wilderness area.
(6)
Any modification or adjustment to the boundaries of a protected wilderness area shall be:
(a)
recommended by the director of PLPCO after public notice of, and hearing on, the proposal, as described in Subsections (1) and (2); and
(b)
made official as described in Subsections (4) and (5).
(7)
DNR shall make rules governing the protection of a protected wilderness area.
