No. 32489 (Amendment): R652-90. Sovereign Land Management Planning

DAR File No.: 32489
Filed: 04/01/2009, 03:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to reflect changes in the Governor's Office of Planning and Budget (GOPB) in the Resource Development Coordinating Committee (RDCC) procedures when receiving proposals for review.

Summary of the rule or change:

This rule change makes some technical changes which reflects the current procedures now in process in GOPB and makes some grammatical changes to ease readability.

State statutory or constitutional authorization for this rule:

Sections 65A-2-2 and 65A-2-4

Anticipated cost or savings to:

the state budget:

Because this rule merely clarifies what the Division has been implementing according to its interpretation of the rule, there is no impact to the state budget.

local governments:

Because planning on sovereign lands is a state function, no budget costs to local governments other than staff time participating in the planning process.

small businesses and persons other than businesses:

Because planning on sovereign lands is a state function, there will be little or no budget to costs to small businesses other than optional participation in the planning process.

Compliance costs for affected persons:

This rule deals with planning on sovereign lands, which is a state function. Participation by businesses, private individuals, or other persons in the planning process is optional. As a result, there is no compliance cost associated with the rules.

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

There are no fiscal impacts to businesses because this modifies only the planning process and requires no regulatory or compliance mandates to businesses. Michael R. Styler, Executive Director

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

Natural Resources
Forestry, Fire and State Lands
1594 W NORTH TEMPLE
SUITE 3520
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Jennifer Wiglama at the above address, by phone at 801-538-5495, by FAX at 801-533-4111, 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:

05/15/2009

This rule may become effective on:

05/22/2009

Authorized by:

Richard J. Buehler, Director

RULE TEXT

R652. Natural Resources; Forestry, Fire and State Lands.

R652-90. Sovereign Land Management Planning.

R652-90-200. Scope.

This rule sets forth the planning procedures for natural and cultural resources on sovereign land as required by law. These procedures establish comprehensive land-management policies using multiple-use, sustained-yield principles in order to make the interest of the beneficiary paramount. Management plans shall guide the implementation of stated management objectives, and provide direction for land-use decisions and activities on sovereign lands. One or more of the following plans, as defined in R652-1-200, shall be implemented pursuant to 65A-2-2:

(1) Comprehensive management plans;

(2) [Site-specific plans]Resource plans;

(3) [Resource plans]Site-specific plans.

 

R652-90-300. Initiation of Planning Process.

1. A comprehensive planning process is initiated by the designation of a planning unit as planning priorities are established by the division.

2. Resource Management planning is initiated by the division's identification and determination that there is a need for such a plan.

3. [When no]In the absence of a comprehensive management plan or a resource management plan exists for sovereign land, site-specific planning shall be initiated either by:

(a) an application for a sovereign land use, or

(b) the identification by the division of an opportunity for commercial gain in a specific area.

 

R652-90-500. Notification and Public Comment.

1. Once a planning unit is designated for a comprehensive management plan, notice shall be sent to the Governor's Office of Planning and Budget for inclusion in the RDCC agenda packet and, if appropriate, the weekly status report.

2. The division shall conduct at least one public meeting in the vicinity of a planning unit that has been designated for a comprehensive management plan.

(a) The meeting shall provide an opportunity for public comment regarding the issues to be addressed in the plan.

(b) The public meeting(s) shall be held at least two weeks after notice in a local newspaper.

(c) Notice of public meeting(s) shall be sent directly to lessees of record, local government officials and the Office of Planning and Budget for inclusion in the RDCC agenda packet and weekly status report. A mailing list shall be maintained by the division.

(d) Additional public meetings may be held.

3. Notice that a site-specific or resource planning effort is under way shall be given to:

(a) affected parties as required by rule for exchange, or lease;

(b) the Governor's Office of Planning and Budget for inclusion in the RDCC [agenda packet and the weekly status report]Project Management System for public and agency notification and comment.

 

R652-90-600. Public Review.

1. Comprehensive management plans shall be published in draft form and sent to persons on the mailing list established under R652-90-400, the Governor's Office of Planning and Budget, and other persons upon request.

(a) A public comment period of at least 45 days shall commence upon receipt of the draft in the Governor's Office of Planning and Budget.

(b) All public comment shall be acknowledged pursuant to 65A-2-4(2).

(c) The division's response to the public comment shall be summarized in the final comprehensive management plan.

(d) Comments received after the public comment period shall be acknowledged but need not be summarized in the final plan.

2. Resource plans shall be published and made available upon request.

(a) Persons wishing to comment on these plans may do so at any time.

(b) The division shall acknowledge all written comments.

3. Upon completion of a site-specific planning process, the Record of Decision or other document summarizing final division action and relevant facts shall be provided to any persons requesting notice from the division.

 

KEY: management, public meetings, environmental assessment, land use

Date of Enactment or Last Substantive Amendment: [September 10, 2008]2009

Notice of Continuation: April 2, 2007

Authorizing, and Implemented or Interpreted Law: 65A-2-4