Enrolled Copy H.B. 93
1 OUTDOOR RECREATION MODIFICATIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl R. Albrecht
5 Senate Sponsor: Jacob L. Anderegg
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to outdoor recreation grant programs.
10 Highlighted Provisions:
11 This bill:
12 < increases the amount that may be used each fiscal year for the Recreation
13 Restoration Infrastructure Grant Program;
14 < amends the types of entities that are eligible to receive an infrastructure grant
15 through the Outdoor Recreational Infrastructure Grant Program; and
16 < makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 79-8-202, as last amended by Laws of Utah 2022, Chapter 68
24 79-8-402, as renumbered and amended by Laws of Utah 2022, Chapter 68
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 79-8-202 is amended to read:
28 79-8-202. Creation of grant program.
29 (1) (a) There is created the "Recreation Restoration Infrastructure Grant Program"
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30 administered by the division.
31 (b) Subject to Subsection (1)(c), [5% percent] 15% of the unencumbered amount in the
32 Outdoor Recreation Infrastructure Account, created in Section 79-8-106, at the beginning of
33 each fiscal year may be used for the grant program.
34 (c) The percentage outlined in Subsection (1)(b) may be increased or decreased at the
35 beginning of a fiscal year if approved by the executive director after consultation with the
36 director and the advisory committee.
37 (2) The division may seek to accomplish the following objectives in administering the
38 grant program:
39 (a) rehabilitate or restore high priority trails for both motorized and nonmotorized uses;
40 (b) rehabilitate or restore high demand recreation areas on public lands; and
41 (c) encourage the public land entities to engage with volunteer groups to aid with
42 portions of needed trail work.
43 (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
44 division shall make rules, after consulting with the advisory committee, establishing the
45 eligibility and reporting criteria for an entity to receive a recreation restoration infrastructure
46 grant, including:
47 (a) the form and process of submitting annual project proposals to the division for a
48 recreation restoration infrastructure grant;
49 (b) which entities are eligible to apply for a recreation restoration infrastructure grant;
50 (c) specific categories of recreation restoration projects that are eligible for a recreation
51 restoration infrastructure grant;
52 (d) the method and formula for determining recreation restoration infrastructure grant
53 amounts; and
54 (e) the reporting requirements of a recipient of a recreation restoration infrastructure
55 grant.
56 Section 2. Section 79-8-402 is amended to read:
57 79-8-402. Rulemaking and requirements for awarding an infrastructure grant.
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58 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
59 after consultation with the advisory committee, the division shall make rules establishing the
60 eligibility and reporting criteria for an entity to receive an infrastructure grant, including:
61 (a) the form and process of submitting an application to the division for an
62 infrastructure grant;
63 (b) which entities are eligible to apply for an infrastructure grant;
64 (c) specific categories of recreational infrastructure projects that are eligible for an
65 infrastructure grant;
66 (d) the method and formula for determining grant amounts; and
67 (e) the reporting requirements of grant recipients.
68 (2) In determining the award of an infrastructure grant, the division may prioritize a
69 recreational infrastructure project that will serve an underserved community.
70 (3) An infrastructure grant may only be awarded by the executive director after
71 consultation with the director and the advisory committee.
72 (4) [The following entities ] A for-profit entity may not receive an infrastructure grant
73 under this part[:].
74 [(a) a federal government entity;]
75 [(b) a state agency; and]
76 [(c) a for-profit entity.]
77 (5) An infrastructure grant may only be awarded under this part:
78 (a) for a recreational infrastructure project that is accessible to the general public; and
79 (b) subject to Subsections (6) and (7), if the grant recipient agrees to provide matching
80 funds having a value:
81 (i) equal to or greater than the amount of the infrastructure grant; or
82 (ii) established in accordance with rules made by the division, after consultation with
83 the advisory committee, and in accordance with Title 63G, Chapter 3, Utah Administrative
84 Rulemaking Act.
85 (6) Up to 50% of the grant recipient match described in Subsection (5)(b) may be
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86 provided through an in-kind contribution by the grant recipient, if:
87 (a) approved by the executive director after consultation with the director and the
88 advisory committee; and
89 (b) the in-kind donation does not include real property.
90 (7) An infrastructure grant may not be awarded under this part if the grant, or the grant
91 recipient match described in Subsection (5)(b), will be used for the purchase of real property or
92 for the purchase or transfer of a conservation easement.
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Statutes affected:
Introduced: 79-8-202, 79-8-402
Enrolled: 79-8-202, 79-8-402