LEGISLATIVE GENERAL COUNSEL H.B. 402
6 Approved for Filing: R.C. Williams 6
6 01-26-24 8:28 AM 6
1 STATE CAMPGROUNDS AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: David G. Buxton
6
7 LONG TITLE
8 General Description:
9 This bill establishes the State Campgrounds Act.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < establishes the procedure for creating a state campground;
14 < addresses management of state campgrounds; and
15 < authorizes rulemaking by the division to:
16 C establish the process for completing and submitting an application; and
17 C administer management of a state campground.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 79-4-1301, Utah Code Annotated 1953
25 79-4-1302, Utah Code Annotated 1953
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26 79-4-1303, Utah Code Annotated 1953
27 79-4-1304, Utah Code Annotated 1953
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28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 79-4-1301 is enacted to read:
31 Part 13. State Campgrounds Act
32 79-4-1301. Definitions.
33 As used in this part:
34 (1) "Application" means a written application that a person submits to the division to
35 nominate a state land or a campground located on state land for creation as a state campground.
36 (2) (a) "Campground" means real property made available to individuals for camping,
37 whether by tent, trailer, camper, cabin, recreational vehicle, or similar equipment.
38 (b) "Campground" includes the outdoor recreational facilities located on the real
39 property.
40 (3) "Committee" means:
41 (a) the Natural Resources, Agriculture, and Environment Interim Committee when the
42 Legislature is not in the Legislature's annual general session; or
43 (b) the House or Senate Natural Resources, Agriculture, and Environment Standing
44 Committee when the Legislature is in the Legislature's annual general session.
45 (4) "State campground" means a campground:
46 (a) located on state land;
47 (b) confined to the smallest area compatible with proper care and management of the
48 state campground; and
49 (c) created in accordance with this part.
50 (5) "State land" means land owned or managed by the state.
51 Section 2. Section 79-4-1302 is enacted to read:
52 79-4-1302. Division duties -- Committee duties.
53 (1) When the division receives a completed application, the division shall:
54 (a) evaluate the application; and
55 (b) submit the completed application and the results of the division's evaluation
56 described in Subsection (1)(a) to the following entities or individuals for review, as applicable;
57 (i) the legislative body of a county that contains some portion of the proposed state
58 campground within the county's geographic borders;
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59 (ii) the legislative body of a municipality that contains some portion of the proposed
60 state campground within the municipality's geographic borders;
61 (iii) each legislator whose legislative district is located within the geographic borders
62 of the proposed state campground; and
63 (iv) a state agency, if the proposed state campground is located within the jurisdictional
64 boundaries of the state agency; and
65 (c) provide a written report to a committee that includes:
66 (i) the results of the division's evaluation described in Subsection (1)(a); and
67 (ii) a resolution or comment the division received from an entity or individual
68 described in Subsection (1)(b).
69 (2) The division may:
70 (a) evaluate private and federal land with the potential to be purchased by, transferred
71 to, or leased to, the state for potential designation as a state campground; and
72 (b) enter into negotiations with the relevant federal agency or private entity to pursue
73 the transfer, sale, or lease of federal land for the proposed state campground, as appropriations
74 allow.
75 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
76 division may make rules:
77 (a) to establish the process for the submission of an application; and
78 (b) for the administration of a state campground, subject to valid existing rights and
79 Section 79-4-1304.
80 (4) Except as provided in Subsection (5), after reviewing a report described in
81 Subsection (1)(c), a committee shall:
82 (a) recommend that the Legislature and governor approve the proposed state
83 campground in accordance with Section 79-4-1303;
84 (b) return the report to the division for further study and evaluation; or
85 (c) reject the creation of the proposed state campground.
86 (5) A committee may not recommend a proposed state campground to the Legislature
87 if:
88 (a) a county or municipality adopts a resolution opposing the proposed state
89 campground; or
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90 (b) creating the state campground may cause a state agency to breach a fiduciary,
91 contractual, or other legal obligation governing management or use of land that is included
92 within the geographic borders of the proposed state campground.
93 Section 3. Section 79-4-1303 is enacted to read:
94 79-4-1303. Creation.
95 (1) The Legislature and the governor shall create a state campground through
96 concurrent resolution.
97 (2) Notwithstanding the requirements described in Section 79-4-1302, the Legislature
98 and governor may act under this section to create a state campground.
99 Section 4. Section 79-4-1304 is enacted to read:
100 79-4-1304. Management.
101 (1) (a) Subject to Subsection (2), the division is responsible for the management of a
102 state campground.
103 (b) The division may contract with another agency or entity for management services
104 related to the management of a state campground.
105 (2) Upon Title 63L, Chapter 8, Utah Public Land Management Act, becoming effective
106 as described in Section 63L-8-602, the government entity responsible for management of the
107 public lands is responsible for the management of a state campground.
108 Section 5. Effective date.
109 This bill takes effect on May 1, 2024.
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