DAR File No. 38945

Governor, Economic Development

Rule R357-12

Fiscal Emergency Contingent Management of Federal Lands

Notice of Proposed Rule

(New Rule)

DAR File No.: 38945
Filed: 11/09/2014 12:53:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to address the variability of core natural assets that could be affected by a shut down. The following list is the recommendations for prioritizing the opening of federal lands that would be affected. The priority list reflects minimizing the economic impact on Utah and the subsequent gateway communities.

Summary of the rule or change:

This rule creates a priority list for the federal lands the state would open under an agreement with the Department of the Interior in a fiscal emergency. This list is designed in anticipation that a shut-down would likely occur in the fall and last for ten days or less. The state funding considerations and the priority list below may vary based on the time of year and the corresponding recreational assets that will be opened at that time.

State statutory or constitutional authorization for this rule:

• Section 79-4-1103

Anticipated cost or savings to:

the state budget:

This rule simply outlines the priority list. The amount of funding and the agreement regarding the transaction will be negotiated between the Governor and the Department of the Interior. Therefore, this rule has no anticipated cost or savings to the state budget because any costs will be determined as set forth in statute.

local governments:

Local governments will be affected by this rule in a fiscal emergency because it outlines which areas of the state will be held open during such an emergency and which areas will close. The local governments in those communities will see a direct impact from the priorities set forth in this rule, but only if a fiscal emergency occurs.

small businesses:

Small businesses may be affected because, as stated above, this rule outlines which areas of the state will be held open during such an emergency and which areas will close. The small businesses in those communities will see a direct impact from the priorities set forth in this rule, but only if a fiscal emergency occurs.

persons other than small businesses, businesses, or local governmental entities:

Other persons may be affected because, as stated above, this rule outlines which areas of the state will be held open during such an emergency and which areas will close. The other persons in those communities will see a direct impact from the priorities set forth in this rule, but only if a fiscal emergency occurs.

Compliance costs for affected persons:

There are no compliance costs related to this rule nor will any affected persons need to implement anything in order to comply with this rule. This rule only lists the priorities for which federal lands would be opened.

Comments by the department head on the fiscal impact the rule may have on businesses:

The fiscal impacts this rule may have on businesses is as stated before small businesses in those communities will see a direct impact from the priorities set forth in this rule, but only if a fiscal emergency occurs.

Val Hale, Executive Director

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

Governor
Economic Development
60 E SOUTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Jeffrey Van Hulten at the above address, by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2014

This rule may become effective on:

01/08/2015

Authorized by:

Val Hale, Executive Director

R357. Governor, Economic Development.

R357-12. Fiscal Emergency Contingent Management of Federal Lands.

R357-12-1. Purpose.

(1) The purpose of this rule is to address the variability of core natural assets that could be affected by a shut down. The following list is the recommendations for prioritizing the opening of federal lands that would be affected. The priority list reflects minimizing the economic impact on Utah and the subsequent gateway communities.

(2) This list is designed in anticipation that a shut-down would likely occur in the Fall and last for ten (10) days or less. The State funding considerations and the priority list below may vary based on the time of year and the corresponding recreational assets that will be opened at that time.

 

R357-12-2. Authority.

(1) In accordance with Utah Code Subsections 79-4-1103(2) and (3), this rule establishes the priority for opening and maintaining national parks, national monuments, national forests, and national recreation areas in the state during a fiscal emergency.

 

R357-12-3. Definitions.

(1) This rule adopts the definitions set forth in Utah Code Section 79-4-1101 et seq.

 

R357-12-4. Priority List.

(1) This rule has no effect until the requirements of Utah Code Section 79-4-1102 have been satisfied.

(a) The following federally managed natural assets constitute locations in Utah, to be known as Tier I priorities. These assets should be funded to remain open year-round because of their significant economic contributions to nearby communities:

(i) Arches National Park;

(ii) Bryce National Park;

(iii) Canyonlands National Park;

(iv) Capitol Reef National Park;

(v) Zion National Park;

(vi) Natural Bridges National Monument;

(vii) Cedar Breaks National Monument; and

(viii) Glen Canyon National Recreation Area.

(b) The following constitute natural assets that generate significant seasonal value for local communities and will be known as Tier II priorities. These assets should remain open during the specified seasonal period once all Tier I locations have been funded for opening during a fiscal emergency:

(i) Dinosaur National Monument, (May 1 through October 31);

(ii) Golden Spike National Historic Site, (May 1 through August 31);

(iii) Grand Staircase-Escalante National Monument, (April 1 through October 31);

(A) While the Monument would remain open to dispersed recreation, supplemental funding would be required to open the visitor centers and process guiding permits.

(iv) Flaming Gorge National Recreation Area, (May 15 through September 15);

(A) Flaming Gorge is the only natural asset being managed by the National Forest Service that would require a separate agreement with the Department of Agriculture.

(B) While the boat ramp and dispersed recreation would remain open to the public in the event of a fiscal emergency, supplemental funding would be required to allow the local concessionaires to remain open.

(v) San Juan River Special Recreation Management Area, (March 1 through November 30);

(A) Supplemental funding would facilitate permit holders and concessionaires to continue to run the San Juan river.

(vi) Desolation Canyon Special Recreation Management Area, (May 1 through October 31); and

(A) Supplemental funding would facilitate permit holders and concessionaires to continue to run the Green river.

(vii) Two Rivers Special Recreation Management Area, (April 1 through October 31);

(A) Supplemental funding would facilitate permit holders and concessionaires to continue to run the Westwater section of the Colorado River.

(c) The following locations, to be known as Tier III assets require no supplemental funding in the event of a fiscal emergency. There is a general understanding with the Federal Public Land Managers is that these assets should remain open to dispersed recreation as defined by the Federal Public Land Managers.

(i) Private concessionaires within the National Forest areas will be subject to the closure rules dictated by the Department of the Interior unless a Memorandum of Understanding (MOU) with the regional Forest Service office can be negotiated.

(A) The negotiation of the MOU will be initiated by the Executive Director of the Governor's Office of Economic Development in consultation with the Director of the Office of Outdoor Recreation.

(I) Ashley National Forest;

(II) Dixie National Forest;

(III) Fishlake National Forest;

(IV) Manti-La Sal National Forest;

(V) Uinta-Wasatch-Cache National Forest; and

(VI) Natural Bridges National Monument.

(VII) All other BLM Special Recreation Management Areas (SRMA's) not delineated in another section of this document.

(d) The following natural assets are not recommended to be opened and maintained during a fiscal emergency as a result of their minimal contribution to the local economies.

(i) Hovenweep National Monument;

(ii) Timpanogos Cave National Monument;

(iii) Little Sahara Special Recreation Management Area (SRMA); and

(A) The gates would be closed and public access would not be permitted during a fiscal emergency.

(iv) Knolls Special Recreation Management Area (SRMA).

(A) The gates would be closed and public access would not be permitted during a fiscal emergency.

 

KEY: federal lands, federal shutdown, fiscal emergency

Date of Enactment or Last Substantive Amendment: 2015

Authorizing, and Implemented or Interpreted Law: 79-4-1103