Natural Resources, Parks and Recreation

Rule R651-635

Commercial Use of Division Managed Park Areas

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33989
Filed: 08/24/2010 03:01:50 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule was enacted under the provisions of Title 79 (Natural Resources), Chapter 4 (Parks and Recreation), Section 204 (Division authorized to enter into contracts and agreements): 79-4-204. Division authorized to enter into contracts and agreements. (1) The division, with the approval of the executive director and the governor, may enter into contracts and agreements with the United States, a United States agency, any other department or agency of the state, semipublic organizations, and with private individuals to: (a) improve and maintain state parks and recreational grounds and the areas administered by the division; and (b) secure labor, quarters, materials, services, or facilities according to procedures established by the Division of Finance. (2) All departments, agencies, officers, and employees of the state shall give to the division the consultation and assistance that the division may reasonable request. Rule R651-635 was enacted to address the issue of providing visitor recreation services, event, and other approved commercial activities in the managed park areas through the process of concession contracts, service agreements, and special use permits with private commercial businesses. This rule further provides that commercial activity shall not take place in managed park areas without "specific written authorization". The rule stipulates there are to be written forms of authorization (contracts, agreements permits, leases, right-of-way, etc.) and that these documents are not valid unless signed by authorized Division of State Parks and Recreation personnel.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

It is critical for this rule to be continued so that the mechanisms for conducting commercial activities in the park managed areas may continue to be used. In addition, this rule restricts commercial activities to only those that receive "specific written authorization" and thereby provides for protection from commercial competition for those authorized to conduct commercial activities and business in managed park areas. No comments received in opposition to the rule.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov

Authorized by:

Fred Hayes, Acting Operations Deputy Director

Effective:

08/24/2010