No. 41558 (New Rule): Rule R850-160. Withdrawal of Trust Lands from Public Target Shooting

(New Rule)

DAR File No.: 41558
Filed: 05/01/2017 12:21:25 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Pursuant to Section 53C-2-105, which was amended by S.B. 72 from the 2016 General Session, the purpose of this new rule is to establish a process for the withdrawal of trust lands from public target shooting and to withdraw 1,533.68 acres of trust land in the Eastern Lake Mountains area from public target shooting.

Summary of the rule or change:

There is a history of continued abuse and degradation of trust assets due to illegal dumping and littering, use of unsafe targets, damage to sensitive archaeological sites, wildfires, and risk to public safety that stems from public target shooting. This rule sets forth general definitions, exemptions, planning, and consultation processes required for the withdrawal of specifically designated trust lands from public target shooting. The rule also withdraws 1,533.68 acres of trust lands in the Eastern Lake Mountains area from public target shooting.

Statutory or constitutional authorization for this rule:

• Section 53C-2-105

Anticipated cost or savings to:

the state budget:

It is anticipated that all costs for implementation and enforcement of the proposed rule for items such as signs, maps, any needed restoration or rehabilitation work, or enforcement of the target shooting closure will be covered with existing personnel and budgets or through partnerships with local government and federal land managing agencies. Due to the unpredictable nature of wildfires and the many factors such as weather conditions, terrain, fuel load, and proximity to structures which influence their size and scope, it is challenging to quantify an estimate of these potential cost savings to the state. However, it may be helpful to note that in 2012, the Dump Fire, which was caused by target shooters in close proximity to this proposed closure area and ultimately consumed 5,507 acres, resulted in total fire suppression costs of $2,100,000 to federal, state, and local government entities. It is anticipated that implementation of this rule will assist in minimizing risk of future catastrophic fires in the area and thereby present potential savings to the state.

local governments:

It is anticipated that all costs for enforcement of the target shooting closure through the local sheriff's office will be covered with existing personnel and budgets. Therefore, this proposed rule will have no impact on local government budgets.

small businesses:

Due to the relatively small size of this proposed closure, the large amount of both public and trust land in the immediate area which remains open to public target shooting, and the anticipated development of a public shooting range in the area by Utah County, School and Institutional Trust Lands Administration (SITLA) asserts that this proposed rule will have no impact on the sale of merchandise such as firearms, targets, or ammunition by small businesses.

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

Given the ample public shooting opportunities which remain available in the immediate area on public lands, trust lands, and at the public shooting range to be developed by Utah County, SITLA sees no financial impact, positive or negative, to any other persons or entities. Those who desire to pursue target shooting in the immediate area may still do so in a responsible manner with no additional burden of travel or other expense. It is anticipated that the public target shooting range which is being developed by Utah County, independent of this proposed rule, will be free to the public.

Compliance costs for affected persons:

The closure of these trust lands from public target shooting under the proposed rule should not create any compliance costs for affected persons. There are other public lands in the area that will still be available for public target shooting, as well as the future public shooting range to be developed by Utah County.

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

As Director of SITLA, I take my responsibility to generate revenue for the trust beneficiaries very seriously. Part of that responsibility includes protecting the assets of the trust from abuse or degradation. Another part of that responsibility includes fostering a business-friendly environment. I believe that with the implementation of this rule, we have struck the right balance of protecting our valuable assets without harming the opportunity for business to flourish. Although we are withdrawing a relatively small amount of trust acreage from public target shooting, it will nevertheless remain open for other forms of responsible public recreation such as ATV riding, hunting, hiking, mountain biking, and sightseeing. The vast majority of trust lands and other public lands in the immediate area of this specific closure will remain open to public target shooting as well. Given these ample opportunities, I do not foresee any financial impact to the recreation industry or other business by the implementation of this rule. Furthermore, promulgation of this rule will help enhance public safety in the area, lower the risk of catastrophic fires, protect vulnerable archeological sites, and provide for a cohesive management and law enforcement strategy with other adjoining landowners.

David Ure, Director

The full text of this rule may be inspected, during regular business hours, at the Office 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:

06/14/2017

This rule may become effective on:

06/21/2017

Authorized by:

David Ure, Director

RULE TEXT

R850. School and Institutional Trust Lands, Administration.

R850-160. Withdrawal of Trust Lands from Public Target Shooting.

R850-160-100. Authorities.

The activities of the School and Institutional Trust Lands Administration are authorized by Sections 6, 7, 8, 10 and 12 of the Utah Enabling Act, Articles X and XX of the Utah Constitution, and the Utah Trust Lands Management Act, Section 53C-1-101 et seq. This rule is specifically authorized by Section 53C-2-105 which authorizes the director to withdraw trust lands from public target shooting through rule enactment.

 

R850-160-200. Definitions.

For the purposes of this rule:

1. "Public Target Shooting" means the firing, discharging, or shooting of a firearm, bow, crossbow, or any other type of instrument designed to propel or throw projectiles or missiles.

2. "Withdrawal Area" means trust lands withdrawn from public target shooting.

 

R850-160-300. Exemptions.

This rule does not apply to:

1. Lawful hunting activities;

2. law enforcement activities by peace officers in the performance of their official duties;

3. discharging a firearm in the lawful defense of person or property;

4. use of the withdrawal area in conjunction with the administration or operation of a valid lease or permit; or

5. administrative use of the withdrawal area by the agency.

 

R850-160-400. Planning.

In addition to those other planning responsibilities described herein, the agency shall:

1. Submit proposals to withdraw trust lands from public target shooting to the Resource Development Coordinating Committee (RDCC) unless the proposal is exempt from such review; and

2. evaluate and respond to comments received through the RDCC process.

 

R850-160-500. Withdrawal Process.

1. Prior to Board review of a rule that withdraws land from public target shooting, the director shall consult with:

(a) The sheriff of the county where the withdrawal area is located; and

(b) representatives from leading sports shooting organizations.

2. The director shall provide the board, for its review, the legal description of the withdrawal area and a justification statement identifying the criteria for withdrawal.

3. Each withdrawal area shall be codified as a new section under this rule and shall include a legal description of the withdrawal area.

 

R850-160-600. Identification of Withdrawal Area.

1. Upon codification of each withdrawal area, the agency shall:

(a) Post signs delineating the boundary of the withdrawal area; and

(b) make publicly available a map detailing the withdrawal area.

 

R850-160-700. Eastern Lake Mountains Withdrawal.

The following trust lands are withdrawn from public target shooting:

1. Eastern Lake Mountains, Utah County, described as: Township 7 South, Range 1 East, Salt Lake Base and Meridian, Section 6: E1/2NE1/4, NW1/4, NW1/4NE1/4, W1/2SW1/4; Township 7 South, Range 1 West, Salt Lake Base and Meridian, Section 21: Lots 6, 7, 8, 9, 10, 11; Township 7 South, Range 1 West, Salt Lake Base and Meridian, Section 22: S1/2 of Lot 9, NE1/4 of Lot 9, S1/2 of Lot 10; Township 7 South, Range 1 West, Salt Lake Base and Meridian, Section 23: Lots 1, 2, 6, 7, 8, 9, 10, 11, 12, SE1/4NE1/4, SE1/4NE1/4NE1/4, SE1/4SW1/4NE1/4NE1/4, SE1/4NE1/4NE1/4NE1/4, SE1/4SW1/4NE1/4, SE1/4SW1/4SW1/4NE1/4, SE1/4NE1/4SW1/4NE1/4, SE1/4 of Lot 3, SE1/4SW1/4 of Lot 3, SE1/4NE1/4 of Lot 3, SE1/4 of Lot 5, SE1/4SW1/4 of Lot 5, SE1/4NE1/4 of Lot 5; Township 7 South, Range 1 West, Salt Lake Base and Meridian, Section 27: E1/2NE1/4, NW1/4, NW1/4NE1/4; Township 7 South, Range 1 West, Salt Lake Base and Meridian, Section 29: NE1/4NE1/4, SE1/4NE1/4, NE1/4SE1/4, N1/2SE1/4SE1/4; Containing 1,533.68 acres, more or less.

 

KEY: land withdrawal, public target shooting

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 53C-2-105

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