No. 29312: R850-41. Rights-of-Entry

DAR File No.: 29312
Filed: 12/12/2006, 09:18
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 53C-1-302(1)(a)(ii) in general, and Subsection 53C-4-101(1) specifically, authorize the Director of the School and Institutional Trust Lands Administration to make "rules for the sale, exchange, lease or other disposition or conveyance of trust lands, including procedures for determining fair market value of those lands." The right to enter upon trust lands and conduct nondisturbing, short-term activities is a profitable use of the lands, and is one of the activities covered by the "other disposition or conveyance" authorization in the statute.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received concerning this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Without the authorization to issue rights-of-entry on trust lands, the respective permanent school and institutional trust funds would forego the opportunity to receive revenues which have averaged $100,000 per year for the last several years. This rule provides a mechanism for nondisturbing activities to be conducted on trust lands, thereby benefiting education and other trust land institutions while allowing others the opportunity to conduct business on trust lands throughout the state. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

School and Institutional Trust Lands
Administration
675 E 500 S
SALT LAKE CITY UT 84102-2818

Direct questions regarding this rule to:

Kim S. Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at [e-mail]

Authorized by:

Kevin S. Carter, Director