Land use authorization: means an easement, lease, permit, or license to occupy, use, or traverse public land granted for a particular purpose. See Utah Code 63L-8-102
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
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
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)
Each land use authorization granted, issued, or renewed shall be limited to a reasonable term in light of all circumstances concerning the project, not exceeding 5 years.
(b)
In determining the duration of a land use authorization, the director shall:
(i)
take into consideration the cost of the facility, the facility’s useful life, and any public purpose the facility serves; and
(ii)
specify whether the land use authorization is or is not renewable and the terms and conditions applicable to the renewal.
(2)
A land use authorization shall be granted, issued, or renewed:
subject to such terms and conditions as the director prescribes regarding extent, duration, survey, location, construction, maintenance, transfer or assignment, and termination.
(3)
Before granting or issuing a land use authorization pursuant to this part for a new project that may have a significant impact on the environment, the director shall require the applicant to submit a plan of construction, operation, mitigation, and rehabilitation for the land use authorization.
The director shall provide for cost-sharing agreements for the construction and maintenance of land use authorization facilities, pursuant to rules for such arrangements issued by the DLM.
(6)
Money received for reimbursement of reasonable costs shall be:
(a)
deposited into the Public Land Management Fund created in Section 63L-8-308; and
(b)
authorized to be appropriated and made available until expended.
(7)
(a)
The director shall promulgate rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying the extent to which a holder of a right-of-way may be liable to the state for damage or injury incurred by the state caused by the use and occupancy of the land use authorization.
(b)
The rules described in Subsection (7)(a) shall also specify the extent to which a holder of a right-of-way shall indemnify or hold harmless the state for liabilities, damages, or claims caused by the use and occupancy of the right-of-way.
(8)
The director may require a holder of a land use authorization to furnish a bond or other security to secure all or any of the obligations imposed by the terms and conditions of the right-of-way.
(9)
The director may grant, issue, or renew a land use authorization under this part if the director is satisfied that the applicant has the technical and financial capability to construct the project for which the right-of-way is requested.
