No. 39962 (Amendment): Rule R850-1. Definition of Terms

(Amendment)

DAR File No.: 39962
Filed: 11/25/2015 11:29:26 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The amendments to this rule update definitions for agency terms resulting from the amendments to Rule R850-50, the agency's grazing management rules.

Summary of the rule or change:

Amendments to this rule include: 1) the addition of a definition for "Assignment"; 2) a slight modification to the definition for "Beneficiaries"; 3) a modification to the definition of "Carrying capacity"; 4) the addition of a definition for "Sublease"; and 5) the renumbering of the terms being defined to accommodate the two new definitions.

State statutory or constitutional authorization for this rule:

• Subsection 53C-1-302(1)(a)(ii)

Anticipated cost or savings to:

the state budget:

There will not be any anticipated cost or savings to the state budget as a result of the amendments to the definitions.

local governments:

There are no anticipated costs or savings to local government as a result of the amendments to the agency definitions.

small businesses:

There should not be any cost or savings to small businesses resulting from the amendments to agency definitions of terms.

persons other than small businesses, businesses, or local governmental entities:

There should not be any cost or savings to persons other than small businesses, businesses, or local government entities resulting from the amendments to the agency's definitions of terms.

Compliance costs for affected persons:

There are no compliance costs for affected persons resulting from the amendments to the definitions of agency terms.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will not be any fiscal impact on businesses resulting from the amendments being made to the definitions of agency terms.

Kevin S. Carter, Director

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
AdministrationRoom 500
675 E 500 S
SALT LAKE CITY, UT 84102-2818

Direct questions regarding this rule to:

• Kim 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]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/14/2016

This rule may become effective on:

01/21/2016

Authorized by:

Kevin Carter, Director

RULE TEXT

R850. School and Institutional Trust Lands, Administration.

R850-1. Definition of Terms.

R850-1-100. Authorities.

This rule implements Sections 6, 8, 10, and 12 of the Utah Enabling Act, Articles X, XVII and XX of the Utah Constitution, and Section 53C-1-302(1)(a)(ii) which authorize the Director of the School and Institutional Trust Lands Administration to provide definitions which apply to all rules promulgated by the director and agency unless otherwise provided.

 

R850-1-200. Definitions.

1. Animal unit (AU): is equal to one cow and calf or their equivalent.

2. Assignment: the transfer or sale of a lease, permit, contract, certificate, easement, or any other interest or privilege in trust land or its resources by the holder of such interest, including lessees, permittees, and grantees. The transfer of any interest in a grazing association, either between shareholders or with an outside party, is deemed to be an assignment.

[2]3. [Beneficiaries:

(a) as to school and institutional trust lands: ]Beneficiary as to school and institutional trust lands: [The]the public school system and other institutions granted properties by the United States under the Enabling Act to the state of Utah in trust.

[3]4. Board: School and Institutional Trust Lands Board of Trustees.

[4]5. Board policy: [Actions]actions taken by the School and Institutional Trust Lands Board of Trustees which comply with the definition of Policies found in Section 53C-1-103(5).

[5]6. Carrying capacity: [the acreage required to adequately provide forage for an animal unit (AU) for a specified period without inducing range deterioration.]the maximum stocking rate possible which is consistent with maintaining or improving vegetation or related resources.

[6]7. Commercial gain: compensation, in money, in services, or other valuable consideration rendered for products provided.

[7]8. Cultural Resources: prehistoric and historic materials, features, artifacts.

[8]9. Cultural Resource Survey:

(a) Class I: literature and site files search.

(b) Class II: sample field surface survey or inspection.

(c) Class III: intensive field surface survey.

[9]10. Director: the director of the School and Institutional Trust Lands Administration.

[10]11. Agency: School and Institutional Trust Lands Administration.

[11]12. Easements: a right to use or restrict use of land or a portion of a real property interest in the land for a particular purpose granted by the agency to a qualified applicant including but not limited to transmission lines, canals and ditches, pipelines, tunnels, fences, roads and trails.

[12]13. General Management Plans: plans prepared for school and institutional trust lands which guide the implementation of the school and institutional trust land management objectives.

[13]14. High Value Grazing Lands: Trust lands used for grazing which are not located within the boundaries of a federal allotment and which are not managed by a federal agency, or trust lands which are located such that they can be managed independent of the influence of a federal agency, or trust lands for which management agreements with a federal agency are in place, or any other trust lands which the director has designated as High Value Grazing Land.

[14]15. In-kind use: occupancy or use by a beneficiary of its institutional trust land for authorized purposes as a direct economic benefit to the institution.

[15]16. Management Plans: General Management Plans, Resource Plans and Site-Specific Plans.

[16]17. Multiple-use: the management of various surface and sub-surface resources so that they are utilized in the combination that will best meet the present and future needs of the beneficiaries.

[17]18. Paleontological Resources (fossils): the remains or traces of organisms, plant or animal, that have been preserved by various means in the earth's crust.

[18]19. Paleontological Resource Survey: an evaluation of the scientific literature or previous paleontological survey reports to assess the potential for discovery or impact to fossils by a proposed development, followed by a pedestrian examination of the exposed geological formations suspected of containing fossils of significance.

[19]20. Paleontological Site: an exposure of a geologic formation having fossil evidence of scientific value as determined by professional consensus.

[20]21. Planning Unit: the geographical basis of a general management plan; a consolidated block of state land, or a group of isolated state land sections or parts thereof, or a combination of blocks and isolated sections which provide common management opportunities or which have common commercial gain, natural or cultural resource concerns.

[21]22. Preliminary Development Plan: the submittal, both of maps and written material, which shall identify and determine the extent and scope on a proposed unit development of the entire acreage under application. It shall illustrate, in phases, the development of the entire acreage and include a time table of the estimated schedule of development. The preliminary development plan shall identify density, open space, environmental reserves, site features, services and utilities, land ownerships, local master planning, zoning compliance and basic engineering feasibility.

[22]23. Preliminary Development Plat: a plat which shall outline and specify the number of dwelling units, the type of dwelling units, the anticipated location of the transportation systems and description of water and sewage systems for the developed area on a Unit Development Lease.

[23]24. Private Exchange: An exchange of trust lands, for land or other assets of equal or greater value, with a political subdivision of the state or agency of the federal government. Lands involved in a private exchange are not required to be advertised as open for competing exchange, lease, and sale applications.

[24]25. Range condition: the relation between current and potential condition of the range site.

[25]26. Record of Decision: a written finding describing an agency action, relevant facts, and the basis upon which the decision for action was made.

[26]27. Resource Plans: a plan prepared for a specific resource, such as mining, timber, grazing or real estate.

[27]28. Rights-of-Entry: a right to a specific, non-depleting land use granted by the agency to a qualified applicant that is temporary in nature, generally not to exceed one year in duration, including but not limited to seismic and land surveys, research sites, access across trust lands, and other temporary types of land uses.

[28]29. School and institutional trust lands: those properties granted by the United States in the Utah Enabling Act to the state of Utah in trust, or other properties transferred to the trust, to be managed for the benefit of the public school system and the various institutions of the state in whose behalf the lands were granted.

[29]30. Significant site: any site which is designated by the Division of State History as scientifically worthy of specific management.

[30]31. Site: archaeological and cultural sites are places of prehistoric and historic human activity including aboriginal mounds, forts, buildings, earth works, village locations, burial grounds, ruins, caves, petroglyphs, pictographs, or other locations which are the source of prehistoric cultural features and specimens.

[31]32. Site Specific Plans: plans prepared for trust lands which provide direction for specific actions. Site-specific plans shall include, but not be limited to:

(a) Records of Decision in either narrative or summary form.

(b) Board action that designates specific parcels of land for specific uses(s) or disposition.

[32]33. Specimen: includes all man-made relics, artifacts, remains of a prehistorical, archaeological, or anthropological nature found on or below the surface of the earth, and any remains of prehistoric life.

34. Sublease: a situation where a permittee or lessee has granted or allowed the use of part or all of the permitted or leased premises to another person, but with the original permittee or lessee retaining some right or interest under the original permit or lease.

[33]35. Trust lands: school and institutional trust lands and all other lands administered under the authority of the School and Institutional Trust Lands Board of Trustees.

[34]36. Survey Report: report of the various site files and field surveys or inspections.

[35]37. Sustained-yield: the achievement and maintenance of maximum non-depleting level of annual or periodic production of the various renewable resources of land without impairment of the productivity of the land.

[36]38. Trust land use(s): any use of school and institutional trust lands based on multiple-use, sustained-yield principles or practices designed to maximize support of the beneficiaries.

 

KEY: administrative procedure, definitions

Date of Enactment or Last Substantive Amendment: [August 11, 2015]January 21, 2016

Notice of Continuation: May 23, 2012

Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a)(ii)

 

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