Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Grazing permit: means a document, issued by the Department of Land Management, authorizing use of public land for the purpose of grazing domestic livestock. See Utah Code 63L-8-102
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Public land: means any land or land interest:
(a)
acquired by the state from the federal government pursuant to Section 63L-6-103, except:
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
(a)
Except as provided in Subsection (2), permits and leases for domestic livestock grazing on public land issued by the director may not exceed a term of five years, subject to terms and conditions the director determines to be appropriate and consistent with this chapter.
(b)
The director shall have authority to cancel, suspend, or modify a grazing permit or lease, in whole or in part:
(i)
pursuant to the terms and conditions of the permit or lease;
(ii)
for any violation of:
(A)
this chapter or a grazing rule implemented under this chapter; or
(B)
any term or condition of the grazing permit or lease; or
(iii)
to protect rangeland health from overutilization pursuant to Subsection (7).
(2)
The holder of an expiring permit or lease shall be given first priority for receipt of the new permit or lease, provided:
(a)
the land for which the permit or lease is issued remains available for domestic livestock grazing in accordance with a land use plan prepared pursuant to Section 63L-8-202;
the terms and conditions in the permit or lease specified by the director;
(c)
the permittee or lessee accepts the terms and conditions included by the director in the new permit or lease; and
(d)
range conditions on the tract of public land are sufficient to support continued livestock grazing, as determined by the director pursuant to Subsection (7).
(3)
Permits and leases for domestic livestock grazing issued under this part may be incorporated in an allotment management plan developed by the director.
(4)
(a)
If the director elects to develop an allotment management plan for a given area, the director shall do so in consultation, cooperation, and coordination with:
(i)
the lessees, permittees, and landowners involved;
(ii)
the commissioner;
(iii)
the Utah Grazing Improvement Program Advisory Board established under Section 4-20-103; and
(iv)
the political subdivision having land within the area covered by the proposed allotment management plan.
(b)
An allotment management plan shall be:
(i)
tailored to the specific range condition of the area covered by the plan; and
(ii)
reviewed on a periodic basis to determine:
(A)
the efficacy of the plan in improving range conditions on the involved land; and
(B)
whether the land can be better managed.
(5)
The director may revise or terminate plans, or develop new plans, after review and consideration, consultation, cooperation, and coordination with the parties listed in Subsection (4)(a).
(6)
(a)
In all cases where the director has not completed an allotment management plan or determines that an allotment management plan is not necessary for management of livestock operations, the director shall incorporate in grazing permits and leases the necessary terms and conditions for the appropriate management of the permitted or leased land.
(b)
The director, in consultation with the commissioner:
(i)
shall specify the number of animals to be grazed and the seasons of use; and
(ii)
may reexamine the condition of the range and forage utilization at any time.
(7)
If the director finds that the condition of the range requires adjustment in the amount or other aspect of grazing use, the permittee or lessee shall adjust the permittee or lessee’s use to the extent required by the director.
(8)
An allotment management plan may not refer to livestock operations or range improvements on non-public land, except where the non-public land is intermingled with public land and the consent of the owner of the non-public land and the permittee or lessee involved with the plan is obtained.
(9)
(a)
Whenever a permit or lease for grazing domestic livestock on public land is canceled, in whole or in part, in order to devote the land covered by the permit or lease to another public purpose, the permittee or lessee shall receive from the state reasonable compensation for the adjusted value, to be determined by the director, of the permittee’s or lessee’s interest in authorized permanent improvements placed or constructed by the permittee or lessee on lands covered by such permit or lease.
(b)
The compensation described in Subsection (9)(a) may not exceed the fair market value of the terminated portion of the permittee’s or lessee’s interest.
(10)
Except in cases of emergency, a permit or lease may not be canceled under this section without one year’s notification.
