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[Utah Code Table of Contents]
[TITLE 65a. Table of Contents]
65A-1-1 Definitions.
As used in this title:
(1) "Advisory council" or "council" means the Forestry, Fire and State Lands Advisory Council.
(2) "Division" means the Division of Forestry, Fire and State Lands.
(3) "Multiple use" means the management of various surface and subsurface resources in a manner that will best meet the present and future needs of the people of this state.
(4) "Public trust assets" means those lands and resources, including sovereign lands, administered by the division.
(5) "Sovereign lands" means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty.
(6) "State lands" means all lands administered by the division.
(7) "Sustained yield" means the achievement and maintenance
of high level annual or periodic output of the various renewable
resources of land without impairment of the productivity
of the land.
1996
65A-1-2 Forestry, Fire and State Lands Advisory Council - Creation - Responsibilities.
(1) (a) The Forestry, Fire and State Lands Advisory Council is created within the Department of Natural Resources.
(b) The council advises the Division of Forestry, Fire and State Lands on matters relating to state land management.
(c) (i) Where reference is made in the Utah Code to the State Land Board or the Board of State Lands, it shall be construed as referring to the Forestry, Fire and State Lands Advisory Council, but only if the reference pertains to advisory functions, powers, and duties related to state land management.
(ii) In all other instances, the reference shall be construed as referring to the Division of Forestry, Fire and State Lands, except in matters related to school and institutional trust lands as defined in Section 53C-1-103 , in which case the reference shall be considered as referring to the director of school and institutional trust lands or its board of trustees.
(2) In carrying out its responsibilities the council shall
provide the division with advice and expertise for the administration
of state lands under comprehensive land management policies
using multiple use-sustained yield principles.
1996
65A-1-3 Forestry, Fire and State Lands Advisory Council - Membership - Chair - Terms - Quorum - Per diem and expenses - Duties.
(1) (a) The Forestry, Fire and State Lands Advisory Council shall be composed of 12 members as follows:
(i) one representative from Rich County;
(ii) one representative from Utah County;
(iii) four individuals representing the combination of Box Elder, Davis, Salt Lake, Tooele, and Weber counties, two of whom shall be representatives of industries concerned with sovereign lands;
(iv) one individual representing the combination of Cache, Emery, Garfield, Grand, Kane, San Juan, and Uintah counties;
(v) four individuals representing the state at large, one of whom shall be representative of environmental concerns and one of whom shall be representative of sporting concerns; and
(vi) the director of the division.
(b) The director of the division:
(i) shall serve as chair; and
(ii) may not vote except as may be necessary to break a tie vote.
(2) (a) Except as required by Subsection (b), as terms of current council members expire, the governor shall appoint each new member or reappointed member to a four-year term.
(b) Notwithstanding the requirements of Subsection (a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(3) Seven members of the council constitute a quorum.
(4) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(5) Meetings may be called by the chair or by a quorum of the council.
(6) The council shall meet not less than every six months.
(7) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the council at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(8) (a) The council shall consider public comment and concern in formulating advice and counsel for the division.
(b) Council meetings shall be widely advertised, with affected state agencies and public and private interests being directly notified of meeting schedules and agendas.
(9) (a) The council may provide written recommendations to the director.
(b) The director shall provide a written explanation of
any written council recommendation the director chooses to
disregard.
1996
65A-1-4 Division of Forestry, Fire and State Lands - Creation - Power and authority.
(1) (a) The Division of Forestry, Fire and State Lands is created within the Department of Natural Resources under the administration and general supervision of the executive director of the department.
(b) The division is the executive authority for the management of sovereign lands, and the state's mineral estates on lands other than school and institutional trust lands, and shall provide for forestry and fire control activities as required in Section 65A-8-1 .
(2) The division shall adopt rules under Title 63, Chapter 46a, Utah Administrative Rulemaking Act, necessary to fulfill the purposes of this title.
(3) The director of the Division of Forestry, Fire and State Lands is the executive and administrative head of the division and shall be a person experienced in administration and management of natural resources.
(4) The director shall inform the council:
(a) in an annual meeting of the division's plans, policies, and budget; and
(b) of policy changes and developing conflicts, and give the council an opportunity to advise on the changes and conflicts.
(5) (a) An aggrieved party to a final action by the director may appeal that action to the executive director of the Department of Natural Resources within 20 days after the action.
(b) The executive director shall rule on the director's
action within 20 days after receipt of the appeal.
1996
65A-1-5 Attorney general - Role in affairs of the council and division.
(1) (a) The attorney general shall represent the division in any legal action relating to state lands and, upon request by the director, may institute action to enforce the provisions of this title.
(b) Whenever an action is brought contesting a decision or act of the division, the division may be named a party in the case rather than the individuals that comprise the division.
(2) All leases, contracts, and agreements entered into by the division shall be approved as to form by the attorney general prior to execution.
(3) (a) All suits for the collection of rental and damages shall be instituted by the attorney general, upon request by the director, in the name of the state.
(b) The attorney general, upon request by the director,
shall prosecute actions for suppression costs or other damage
caused by fires on state lands.
1994
65A-1-6 Witnesses - Subpoena and oaths.
(1) The director may issue subpoenas to compel the attendance of witnesses and the production of documents in adjudicative proceedings authorized by law.
(2) The director may administer oaths in the performance
of the council's or division's official duties.
1994
65A-1-8 Council members and division employees - Prohibited from acquiring an interest in state lands.
Division employees may not directly or indirectly acquire
any interest in state lands.
1994
65A-1-9 Application of Public Officers' and Employees' Ethics Act.
Council members and employees and agents of the division
are subject to Title 67, Chapter 16, Public Officers' and
Employees' Ethics Act.
1994
65A-1-10 Proprietary geologic or financial information - Confidentiality - Division to adopt rules.
(1) The division may keep geologic and financial information, which the provider and the division agree is of a proprietary nature, confidential unless the information is required by federal or state law to be of a nonproprietary nature.
(2) The division shall adopt rules to determine when to
accept confidential information.
1994
65A-1-11 Division's authority to examine records and inspect premises.
(1) For the purpose of determining compliance with any rule or any performance or payment obligation under a lease, permit, or contract, the division may, at reasonable times, places, and intervals:
(a) require that the lessee, permittee, or contractor provide any pertinent books, records, or other documents of the lessee, permittee, or contractor; or
(b) inspect the property acquired, used, or developed under the lease, permit, or contract after reasonable notice or as provided in the lease, permit, or contract.
(2) Nothing in the section shall be construed to limit
or invalidate audits conducted by the division prior to the
effective date of this act.
1990
65A-1-12 Filing date of applications and bids.
Any application or bid required for the lease, permitting,
or sale of state lands in a competitive process shall be
considered filed or made on the date received by the appropriate
division office, whether transmitted by the United States
mail or in any other manner.
1991
