Enrolled Copy H.B. 3002
1 PUBLIC LANDS FUNDING AMENDMENTS
2024 THIRD SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks Senate Sponsor: Jerry W. Stevenson
2
3 LONG TITLE
4 General Description:
5 This bill modifies provisions related to public lands funding.
6 Highlighted Provisions:
7 This bill:
8 ▸ renames the Public Lands Litigation Restricted Account as the Federal Overreach
9 Restricted Account (account);
10 ▸ allows for account funds to be used for educating the public on federalism issues;
11 ▸ requires entities that receive account funds to report to the Executive Appropriations
12 Committee; and
13 ▸ makes technical changes.
14 Money Appropriated in this Bill:
15 This bill appropriates in fiscal year 2024:
16 ▸ to General Fund Restricted - Federal Overreach Restricted Account as a one-time
17 appropriation:
18 • from Nonlapsing Balances - Department of Government Operations - Finance - Mandated -
19 Public Lands Litigation Program, One-time, $3,000,000
20 • from Nonlapsing Balances - Attorney General - Contract Attorneys, One-time, $3,700,000
21 This bill appropriates in fiscal year 2025:
22 ▸ to Legislature - Legislative Services - Pass Through as an ongoing appropriation:
23 • from the General Fund, ($157,500)
24 ▸ to Department of Natural Resources - Administration - Executive Director as a one-time
25 appropriation:
26 • from the General Fund Restricted - Federal Overreach Restricted Account, One-time,
27 $2,142,000
H.B. 3002 Enrolled Copy
28 ▸ to General Fund Restricted - Federal Overreach Restricted Account as a one-time
29 appropriation:
30 • from Nonlapsing Balances - Legislature - Legislative Services - Pass Through, One-time,
31 $490,000
32 • from Nonlapsing Balances - Department of Natural Resources - Public Lands Policy
33 Coordinating Office, One-time, $2,900,000
34 ▸ to Department of Natural Resources - Public Lands Policy Coordinating Office - Public Lands
35 Policy Coordinating Office as a one-time appropriation:
36 • from the General Fund Restricted - Federal Overreach Restricted Account, One-time,
37 $1,500,000
38 ▸ to Attorney General - Contract Attorneys - Contract Attorneys as a one-time appropriation:
39 • from the General Fund Restricted - Federal Overreach Restricted Account, One-time,
40 $1,675,000
41 Other Special Clauses:
42 This bill provides a special effective date.
43 Utah Code Sections Affected:
44 AMENDS:
45 63C-4a-404, as renumbered and amended by Laws of Utah 2019, Chapter 246
46
47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 63C-4a-404 is amended to read:
49 63C-4a-404 . Creation of Federal Overreach Restricted Account -- Sources of
50 funds -- Uses of funds -- Reports.
51 (1) There is created a restricted account within the General Fund known as the [Public
52 Lands Litigation] Federal Overreach Restricted Account.
53 (2) The account created in Subsection (1) consists of money from the following revenue
54 sources:
55 (a) [money received by the commission from other state agencies] voluntary contributions;
56 and
57 (b) appropriations made by the Legislature.
58 (3) The Legislature may annually appropriate money from the account for the purposes of:
59 (a) asserting, defending, or litigating state and local government rights to the disposition
60 and use of federal lands within the state as those rights are granted by the United
61 States Constitution, the Utah Enabling Act, and other applicable law; or
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Enrolled Copy H.B. 3002
62 (b) educating the general public in matters relating to federalism or state sovereignty.
63 (4)[(a)] Any entity that receives money from the account shall, before disbursing the
64 money to another person for the purposes described in Subsection (3), or before
65 spending the money appropriated, report to the [commission] Executive
66 Appropriations Committee regarding:
67 [(i)] (a) the amount of the disbursement;
68 [(ii)] (b) who will receive the disbursement; and
69 [(iii)] (c) the planned use for the disbursement.
70 [(b) The commission may, upon receiving the report under Subsection (4)(a):]
71 [(i) advise the Legislature and the entity of the commission finding that the
72 disbursement is consistent with the purposes in Subsection (3); or]
73 [(ii) advise the Legislature and the entity of the commission finding that the
74 disbursement is not consistent with the purposes in Subsection (3).]
75 Section 2. FY 2024 Appropriation.
76 The following sums of money are appropriated for the fiscal year beginning July 1,
77 2023, and ending June 30, 2024. These are additions to amounts previously
78 appropriated for fiscal year 2024.
79 Subsection 2(a) Restricted Fund and Account Transfers
80 The Legislature authorizes the State Division of Finance to transfer the following
81 amounts between the following funds or accounts as indicated. Expenditures and
82 outlays from the funds to which the money is transferred must be authorized by an
83 appropriation.
84 ITEM 1 To General Fund Restricted - Federal Overreach Restricted Account
85 From Nonlapsing Balances - Attorney General - Contract
86 Attorneys $3,700,000
87 From Nonlapsing Balances - Department of Government
88 Operations - Finance - Mandated - Public Lands Litigation Program $3,000,000
89 Schedule of Programs:
90 General Fund Restricted - Federal Overreach
91 Restricted Account $6,700,000
92 The Legislature intends that the Division of Finance transfer the amounts indicated
93 above to the newly renamed Federal Overreach Restricted Account during fiscal year
94 2024.
95 Section 3. FY 2025 Appropriation.
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H.B. 3002 Enrolled Copy
96 The following sums of money are appropriated for the fiscal year beginning July 1,
97 2024, and ending June 30, 2025. These are additions to amounts previously
98 appropriated for fiscal year 2025.
99 Subsection 3(a) Operating and Capital Budgets
100 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act,
101 the Legislature appropriates the following sums of money from the funds or accounts
102 indicated for the use and support of the government of the state of Utah.
103 ITEM 2 To Attorney General - Contract Attorneys
104 From General Fund Restricted - Federal Overreach
105 Restricted Account, One-time $1,675,000
106 Schedule of Programs:
107 Contract Attorneys $1,675,000
108 ITEM 3 To Department of Natural Resources - Administration
109 From General Fund Restricted - Federal Overreach
110 Restricted Account, One-time $2,142,000
111 Schedule of Programs:
112 Executive Director $2,142,000
113 The Legislature intends that the Division of Finance disburse the $2,142,000
114 appropriated by this item in quarterly equal amounts, only after the Department of
115 Natural Resources reports to the Executive Appropriations Committee (EAC) on
116 their planned use of the funds and the EAC approves the disbursement. Use of these
117 funds is limited to costs associated with countering federal overreach on public lands
118 in Utah.
119 ITEM 4 To Department of Natural Resources - Public Lands Policy Coordinating Office
120 From General Fund Restricted - Federal Overreach
121 Restricted Account, One-time $1,500,000
122 Schedule of Programs:
123 Public Lands Policy Coordinating Office $1,500,000
124 ITEM 5 To Legislature - Legislative Services
125 From General Fund ($157,500)
126 Schedule of Programs:
127 Pass Through ($157,500)
128 Subsection 3(b)
129 The Legislature authorizes the State Division of Finance to transfer the following
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Enrolled Copy H.B. 3002
130 amounts between the following funds or accounts as indicated. Expenditures and
131 outlays from the funds to which the money is transferred must be authorized by an
132 appropriation.
133 ITEM 6 To General Fund Restricted - Federal Overreach Restricted Account
134 From Nonlapsing Balances - Department of Natural
135 Resources - Public Lands Policy Coordinating Office $2,900,000
136 From Nonlapsing Balances - Legislature - Legislative
137 Services - Pass Through $490,000
138 Schedule of Programs:
139 General Fund Restricted - Federal Overreach
140 Restricted Account $3,390,000
141 Section 4. Effective date.
142 (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
143 elected to each house, this bill takes effect upon approval by the governor, or the day
144 following the constitutional time limit of Utah Constitution, Article VII, Section 8,
145 without the governor's signature, or in the case of a veto, the date of veto override.
146 (2) If this bill is not approved by two-thirds of all members elected to each house, this bill
147 takes effect on August 19, 2024.
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Statutes affected: Introduced:
Enrolled:
H.B. 3002 1st Substitute (Not Adopted) Text: