Utah Code 63L-8-305. Fees, charges, and commissions

63L-8-305. Fees, charges, and commissions.

(1)	The director may establish reasonable filing and service fees with respect to applications and other documents relating to the public land, in accordance with Section 63J-1-504.

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
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
(2)	The director is authorized to require a deposit of any payments intended to reimburse the state for reasonable costs with respect to applications and other documents relating to such land.

(3)

The money received under this subsection shall be:

(a)	deposited in the Public Land Management Fund created in Section 63L-8-308; and

(b)	authorized to be appropriated and made available until expended.

(4)

(a)

As used in this section “reasonable costs” include:

(i)	the costs of special studies;

(ii)	environmental reviews;

(iii)

monitoring construction, operation, maintenance, and termination of any authorized facility; or

(iv)	other special activities.

(b)

In determining whether costs are reasonable, the director may take into consideration:

(i)	actual costs, exclusive of management overhead;

(ii)	the monetary value of the rights or privileges sought by the applicant;

(iii)

the efficiency of the government processing involved;

(iv)	that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant;

(v)	the public service provided; and

(vi)	other factors relevant to determining the reasonableness of the costs.

Enacted by Chapter 317, 2016 General Session