63L-8-104.  Declaration of policy — Sales and exchanges.

(1)  The Legislature declares that it is the policy of the state that:

Terms Used In Utah Code 63L-8-104

  • Board: means the board created in Section 63L-9-104. 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
  • Land: includes :Utah Code 68-3-12.5
  • Minerals: means all classes of inorganic material upon, within, or beneath the surface of public land, including silver, gold, copper, lead, zinc, uranium, gemstones, potash, gypsum, clay, salts, sand, rock, gravel, oil, oil shale, oil sands, gas, coal, and all carboniferous materials. See Utah Code 63L-8-102
  • Multiple use: means :
(a) the management of the public land and the public land's various resource values so resources are best utilized in the combination that will meet the present and future needs of the citizens of Utah;
(b) making the most judicious use of land for some or all of the resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions;
(c) a combination of balanced and diverse resource uses that take into account the long-term needs of future generations for renewable and nonrenewable resources, including recreation, hunting, fishing, trapping, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific, and historic values; and
(d) harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources. See Utah Code 63L-8-102
  • Public land: means any land or land interest:
    (a) acquired by the state from the federal government pursuant to Section 63L-6-103, except:
    (i) areas subsequently designated as a protected wilderness area, as described in Title 63L, Chapter 7, Utah Wilderness Act; and
    (ii) lands managed by the School and Institutional Trust Lands Administration pursuant to Title 53C, School and Institutional Trust Lands Management Act; or
    (b) for which the state is given management responsibility from the federal government. 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
  • Statute: A law passed by a legislature.
  • Sustained yield: means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public land consistent with multiple use. See Utah Code 63L-8-102
  • (a)  public land be retained in state ownership consistent with the provisions of this chapter for the enjoyment and betterment of the public and the state;

    (b)  public land may not be sold, except:

    (i)  as consistent with Section 63L-8-204 and the other provisions of this chapter;

    (ii)  as consistent with local land use plans;

    (iii)  with the approval of the director and the board;

    (iv)  after sufficient opportunity for public comment; and

    (v)  for an important public interest;

    (c)  goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield, unless otherwise provided by statute; and

    (d)  the public land be managed in a manner that will:

    (i)  recognize the state’s need for domestic sources of minerals, food, timber, and fiber;

    (ii)  protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values;

    (iii)  where appropriate, preserve and protect certain public land in its natural condition;

    (iv)  provide food and habitat for fish, wildlife, and domestic animals; and

    (v)  provide for hunting, fishing, trapping, outdoor recreation, human occupancy, and other human use, including the general enjoyment of nature and solitude.
  • (2)  All rules made to effectuate the purposes of this chapter shall be made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    Amended by Chapter 451, 2017 General Session