Superseded 1/1/2024)

Superseded 1/1/2024
79-7-203.  Powers and duties of division.

(1)  As used in this section, “real property” includes land under water, upland, and all other property commonly or legally defined as real property.

Terms Used In Utah Code 79-7-203

  • Commission: means the Outdoor Adventure Commission created in Section 63C-21-201. See Utah Code 79-7-102
  • County legislative body: means :Utah Code 68-3-12.5
  • Devise: To gift property by will.
  • Division: means the Division of Outdoor Recreation. See Utah Code 79-7-102
  • Executive director: means the executive director of the department who is appointed under Section 79-2-202. See Utah Code 79-1-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • 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
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Writing: includes :Utah Code 68-3-12.5
(2)  The Division of Wildlife Resources shall retain the power and jurisdiction conferred upon the Division of Wildlife Resources by law on property controlled by the division with reference to fish and game.

(3)  For purposes of property controlled by the division, the division shall permit multiple uses of the property for purposes such as grazing, fishing, hunting, camping, mining, and the development and use of water and other natural resources.

(4) 

(a)  The division may acquire real and personal property in the name of the state by legal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, or otherwise, subject to the approval of the executive director and the governor.

(b)  In acquiring real or personal property, the credit of the state may not be pledged without the consent of the Legislature.

(5) 

(a)  Before acquiring any real property, the division shall notify the county legislative body of the county where the property is situated of the division’s intention to acquire the property.

(b)  If the county legislative body requests a hearing within 10 days of receipt of the notice, the division shall hold a public hearing in the county concerning the matter.

(6)  Acceptance of gifts or devises of land or other property is at the discretion of the division, subject to the approval of the executive director and the governor.

(7)  The division shall acquire property by eminent domain in the manner authorized by 5.

(8) 

(a)  The division may make charges for special services and use of facilities, the income from which is available for recreation purposes.

(b)  The division may conduct and operate those services necessary for the comfort and convenience of the public.

(9) 

(a)  The division may lease or rent concessions of lawful kinds and nature on property to persons, partnerships, and corporations for a valuable consideration after notifying the commission.

(b)  The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code, in selecting concessionaires.

(10)  The division shall proceed without delay to negotiate with the federal government concerning the Weber Basin and other recreation and reclamation projects.

(11) 

(a)  The division shall coordinate with and annually report to the following regarding land acquisition and development and grants administered under this chapter or Chapter 8, Outdoor Recreation Grants:

(i)  the Division of State Parks; and

(ii)  the Office of Rural Development.

(b)  The report required under Subsection (11)(a) shall be in writing, made public, and include a description and the amount of any grant awarded under this chapter or Chapter 8, Outdoor Recreation Grants.

(12)  The division shall:

(a)  coordinate outdoor recreation policy, management, and promotion:

(i)  among state and federal agencies and local government entities in the state;

(ii)  with the Public Lands Policy Coordinating Office created in Section 63L-11-201, if public land is involved; and

(iii)  on at least a quarterly basis, with the executive director and the executive director of the Governor’s Office of Economic Opportunity;

(b)  in cooperation with the Governor’s Office of Economic Opportunity, promote economic development in the state by:

(i)  coordinating with outdoor recreation stakeholders;

(ii)  improving recreational opportunities; and

(iii)  recruiting outdoor recreation business;

(c)  promote all forms of outdoor recreation, including motorized and nonmotorized outdoor recreation;

(d)  recommend to the governor and Legislature policies and initiatives to enhance recreational amenities and experiences in the state and help implement those policies and initiatives;

(e)  in performing the division’s duties, seek to ensure safe and adequate access to outdoor recreation for all user groups and for all forms of recreation;

(f)  develop data regarding the impacts of outdoor recreation in the state; and

(g)  promote the health and social benefits of outdoor recreation, especially to young people.

(13)  By following Title 63J, Chapter 5, Federal Funds Procedures Act, the division may:

(a)  seek federal grants or loans;

(b)  seek to participate in federal programs; and

(c)  in accordance with applicable federal program guidelines, administer federally funded outdoor recreation programs.

(14)  The division shall receive and distribute voluntary contributions collected under Section 41-1a-422 in accordance with Section 79-7-303.

Amended by Chapter 68, 2022 General Session

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