Title 65A, Title 65A: Forestry, Fire, and State Lands

65A-1-4. Division of Forestry, Fire, and State Lands -- Creation -- Power and authority. (1) The Division of Forestry, Fire, and State Lands is created within the Department of Natural Resources under the administration and general supervision of the executive director of the dep…

65A-1-5. Attorney general -- Role in affairs of the division. (1) The attorney general shall represent the division in any legal action relating to state lands and, upon request by the director, may institute action to enforce the provisions of this title. Whenever an action is b…

65A-1-6. Witnesses -- Subpoena and oaths. (1) The director may issue subpoenas to compel the attendance of witnesses and the production of documents in adjudicative proceedings authorized by law. (2) The director may administer oaths in the performance of the council's or divisio…

65A-1-8. Division employees -- Prohibited from acquiring an interest in state lands. Division employees may not directly or indirectly acquire any interest in state lands.

65A-1-9. Application of Public Officers' and Employees' Ethics Act. Employees and agents of the division are subject to.

65A-2-1. Administration of state lands -- Multiple-use sustained yield management. The division shall administer state lands under comprehensive land management programs using multiple-use sustained yield principles.

65A-2-2. State land management planning procedures for natural and cultural resources -- Assistance from other state agencies -- Division action. The division: (1) shall develop planning procedures for natural and cultural resources on state lands; and (2) may request other state…

65A-2-3. Endangered or threatened plant species -- Division authorized to protect. The division may make determinations concerning the management, protection, and conservation of plant species officially designated as endangered or threatened under the federal Endangered Species …

65A-2-4. State land management plans -- Division to adopt rules for notifying and consulting with interested parties. (1) The division shall adopt rules for notifying and consulting with interested parties including the general public, resources users, and federal, state, and loc…

65A-2-5. Protection of leasehold interests. The director of the Division of Forestry, Fire, and State Lands, in conjunction with the Wildlife Board, may restrict or limit public use of leased parcels of sovereign lands for hunting, trapping, or fishing: (1) upon the petition of t…

65A-2-6. Permitted areas at Bear Lake for launching and retrieving watercraft -- Rulemaking authority. (1) As used in this section, "motorboat" means the same as that term is defined in Section. 73-18-2 (2) The division shall issue a permit to an applicant that allows the applica…

65A-2-7. Development of Bear Lake. The division shall: (1) designate state lands along Highway 30 from the Ideal Beach RV Park and Spinnaker Marina southward approximately four miles to Rendezvous Beach State Park, which lands are located in Township 13N, Range 5E, Sections 003, …

65A-2-8. Jordan River improvement projects -- Grants. (1) As used in this section, "commission" means the Jordan River Commission created by interlocal agreement. (2) Subject to applicable federal, state, and local laws and Subsectionsthrough (5), the division may expend money fo…

65A-3-1. Trespassing on state lands -- Penalties. (1) As used in this section: "Anchored" means the same as that term is defined in Section. 73-18-2 "Beached" means the same as that term is defined in Section. 73-18-2 "Motorboat" means the same as that term is defined in Section.…

65A-3-2. Wildland fire prevention -- Prohibited acts. (1) A person is guilty of a class B misdemeanor who: throws or places a lighted cigarette, cigar, firecracker, ashes, or other flaming or glowing substance that may cause a fire on a highway or a wildland fire; obstructs the s…

65A-3-2.5. Wildland fire and unmanned aircraft. (1) As used in this section: "Incident commander" means the government official or employee in command of the response to a wildland fire. "Neutralize" means to terminate the operation of an unmanned aircraft by: disabling or damagi…

65A-3-3. Enforcement of laws -- City, county, or district attorney to prosecute. (1) It is the duty of the Division of Law Enforcement, county sheriffs, county sheriff deputies, peace officers, other law enforcement officers within the law enforcement jurisdiction, and the divisi…

65A-3-4. Liability for causing wildland fires. (1) As used in this section: "Electric cooperative" means the same as that term is defined in Section. 54-24-102 "Electrical transmission wildland fire protection plan" means a wildland fire protection plan, as defined in Section, th…

65A-4-1. Acquisition and disposition of land by state agencies. (1) All state agencies may acquire land by gift, devise, bequest, exchange, compensation for public resource value loss, or in satisfaction of a debt and are authorized to sell, lease, or otherwise dispose of land no…

65A-4-2. Central index -- Division to maintain index of lands owned by agencies of the Department of Natural Resources -- Information to be furnished. (1) The division shall maintain a central index of all lands owned by agencies of the Department of Natural Resources and shall m…

65A-4-3. Mineral leases -- Made exclusively by division -- Disposition of state mineral lease revenues. (1) Mineral leases of all lands owned by the state, except school and institutional trust lands, shall be made exclusively through the division, pursuant to division rules, wit…

65A-5-1. Sovereign Lands Management Account. (1) There is created within the General Fund a restricted account known as the "Sovereign Lands Management Account." (2) The Sovereign Lands Management Account shall consist of the following: the revenues derived from sovereign lands, …

65A-5-2. Deposit and allocation of money received. (1) The division shall pay to the state treasurer money received, accompanied by a statement showing the respective sources of the money. Each source shall be classified as to sales, rentals, royalties, interest, fees, penalties,…

65A-6-1. Coal and mineral deposits reserved -- Exceptions. (1) Except as otherwise expressly provided by law, coal and mineral deposits in state-owned lands are reserved to the state. Each certificate of sale and patent issued shall contain such a reservation. The purchaser of an…

65A-6-10. Unitization of mineral leases. (1) Mineral lessees, upon prior written authorization from the division, may commit leased state lands to unit, cooperative, or other plans of development with other lands. (2) The division may, with the consent of the mineral lessee, modi…

65A-6-11. Land subject to a federal mineral lease. (1) With respect to any tract of land in which the state acquires or has acquired any interest subject to an outstanding federal mineral lease or prospecting permit, the lessee or permittee may submit a petition seeking extension…

65A-6-12. Agreements for the administration of mineral leases by a federal agency. (1) If the state has succeeded or will succeed to the position of the United States under a federal mineral or prospecting permit in which only a portion of the lands are subject to the permit, agr…

65A-6-2. Mineral leases -- Division to prescribe rules. The division shall by rule prescribe: (1) the term of the lease; (2) the annual rental; (3) subject to Section, the amount of royalty in addition to or in lieu of rental; and 65A-6-4 (4) the basis upon which the royalty shal…

65A-6-3. Applications for mineral leases -- Compliance with business laws. Applicants for mineral leases shall fully comply with all of the laws of the state as to qualification to do business within this state and must not be in default under any such laws during the pendency of…

65A-6-4. Mineral leases -- Multiple leases on same land -- Rentals and royalties -- Lease terms -- Great Salt Lake. (1) As used in this section: "Great Salt Lake element or mineral" means: a rare earth element; a trace element or mineral; or a chemical compound that includes a ra…

65A-6-5. Division may withdraw lands from leasing -- Mineral lease application procedures. (1) The division may at any time withdraw state lands from leasing. (2) Lands that are not encumbered by a current mineral lease for the same resource, a withdrawal order, or other division…

65A-6-6. Mineral lease covenants. Each mineral lease shall contain the following covenants: (1) the lessee shall promptly pay any rent annually in advance; (2) waste may not be committed on the land; (3) the premises shall be surrendered at the expiration of the term; (4) the les…

65A-6-7. Mineral information to be furnished -- Confidentiality. (1) The division may require the lessee to furnish any information necessary to carry out the duties of this chapter, including geological and mine maps, well logs, and assays. (2) Any information submitted to the d…

65A-6-8. Mineral leases -- Cancellation -- Use of surface land -- Liability for damage. (1) Upon violation by the lessee of any lawful provision in a mineral lease, the division may cancel the lease after 30 days' notice by registered or certified return receipt mail, unless the …

65A-6-9. Shut-in gas wells. (1) Under a mineral lease for oil and gas, gas is considered to be produced in paying quantities from a shut-in gas well if the shut-in gas well is capable of producing gas in paying quantities, but the gas cannot be marketed at a reasonable price due …

65A-7-1. Division to make rules for the sale, exchange, or lease of state lands. The division shall establish criteria by rule for the sale, exchange, lease, or other disposition or conveyance of state lands including procedures for determining fair market value of those lands.

65A-7-5. Surface leases -- Procedures for issuing leases -- Leases for the construction of a highway facility. (1) The division may issue surface leases of state lands for any period up to 99 years. (2) This section does not apply to leases for oil and gas, grazing, or mining pur…

65A-7-6. Lease covenants. Each surface lease shall contain the following covenants: (1) the lessee shall promptly pay the rent annually in advance; (2) no waste shall be committed on the land; (3) the premises shall be surrendered at the expiration of the term; (4) the lessee may…

65A-7-7. Exchanges of sovereign lands -- Based on equal value -- Lands encumbered by a lease. (1) In accordance with division rules and when in the best interest of the state, sovereign lands may be exchanged for other land or other assets within the state held by other proprieto…

65A-7-8. Easements on state lands -- Division to make rules. (1) The division shall establish rules for the issuance of easements on, through, and over any state land, and shall establish price schedules. (2) A patent for state lands is subject to any existing easement or public …

65A-8-101. Division responsibilities for fire management and the conservation of forest, watershed, and other lands -- Reciprocal agreements for fire protection. (1) The division, in consultation with local authorities, shall determine and execute the best method for protecting p…

65A-8-102. State forester. (1) There is created the position of state forester to carry out the provisions of this chapter. (2) The state forester shall be a graduate of an accredited school of forestry, technically and professionally competent, and experienced in administration.…

65A-8-103. Forestry and fire control funds. (1) The division shall use money available to it to meet the costs of: managing forest, range, watershed, and wildland urban interface fires; managing insect and disease epidemics; rehabilitating or reforesting nonfederal forest, range,…

65A-8-105. Urban and community forestry program. (1) An urban and community forestry program is created within the division. (2) The purpose of the program is to encourage the planting and maintenance of trees within municipalities and unincorporated communities. (3) The division…

65A-8-201. Uncontrolled fire is a public nuisance. Any fire on forest, range, watershed, or wildland urban interface land in the state burning uncontrolled and without proper and adequate action being taken to manage it is a public nuisance.

65A-8-202. Fire control -- County responsibilities. (1) A county shall abate the public nuisance caused by wildfire on unincorporated, privately owned or county owned forest, range, watershed, and wildland urban interface lands within its boundaries. (2) A county may participate …