DAR File No. 39309

School and Institutional Trust Lands, Administration

Rule R850-150

Rare Plant Species

Notice of Proposed Rule

(New Rule)

DAR File No.: 39309
Filed: 04/27/2015 03:30:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to implement board policy for managing trust land plant species habitat for plants that are already listed, or at risk of being listed, as threatened or endangered under the federal Endangered Species Act.

Summary of the rule or change:

The rule defines "Conservation Agreement" as being the Conservation Agreement and Strategy for Graham's Beardtongue and White River Beardtongue, dated 07/22/2014. It also defines "Conservation Area" as any trust lands located within the conservation area described in Appendices A and B of the conservation agreement. The rule further restricts surface disturbance within conservation areas without prior agency approval.

State statutory or constitutional authorization for this rule:

• Section 53C-2-202

Anticipated cost or savings to:

the state budget:

There potentially may be a slight increase in cost to the state as a result of the need to more closely manage conservation areas and monitor any activities that might cause surface disturbance within those areas.

local governments:

There should not be any costs or savings to local governments as a result of this rule. If the local government were the lessee of trust lands within a conservation area, they would need to plan ahead to avoid disturbing the surface within the designated area.

small businesses:

There should not be any costs or savings to small businesses as a result of this rule. If the small business was the lessee of trust lands within a conservation area, it would need to plan ahead to avoid disturbing the surface within the designated area.

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

There should not be any costs or savings to persons other than small businesses, businesses, or local government entities as a result of this rule. If the person was the lessee of trust lands within a conservation area, they would need to plan ahead to avoid disturbing the surface within the designated area.

Compliance costs for affected persons:

There should not be any compliance costs as a result of this rule. If an entity was interested in leasing trust land within a conservation area, they would need to plan ahead to avoid disturbing the surface within the designated area.

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

Since any impacted businesses are already participants in the conservation agreement, no additional impact is anticipated.

Kevin S. Carter, Director

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

School and Institutional Trust Lands
AdministrationRoom 500
675 E 500 S
SALT LAKE CITY, UT 84102-2818

Direct questions regarding this rule to:

• John Andrews at the above address, by phone at 801-538-5180, by FAX at 801-538-5118, or by Internet E-mail at jandrews@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:

06/15/2015

This rule may become effective on:

06/22/2015

Authorized by:

Kevin Carter, Director

R850. School and Institutional Trust Lands, Administration.

R850-150. Rare Plant Species.

R850-150-100. Authorities.

The activities of the School and Institutional Trust Lands Administration are authorized by Sections 6, 7, 8, 10 and 12 of the Utah Enabling Act, Articles X and XX of the Utah Constitution, and the Utah Trust Lands Management Act, Section 53C-1-101 et seq. This rule is specifically authorized by Section 53C-2-202 which authorizes the director to make determinations with respect to the management, protection, and conservation of plant species located on trust lands which are listed under the federal Endangered Species Act.

 

R850-150-200. Definitions.

For purposes of this rule:

1. "Conservation Agreement" means that certain Conservation Agreement and Strategy for Graham's Beardtongue (Penstemon grahamii) and White River Beardtongue (P. scariosus var. albifluensis) dated July 22, 2014.

2. "Conservation Area" means any trust lands contained within a Conservation Area described in Appendices A and B of the Conservation Agreement.

 

R850-150-300. Restriction on Surface Disturbance within Conservation Areas.

1. Lessees or permittees of trust lands located within Conservation Areas may not undertake surface disturbance of trust lands without prior written permission of the agency.

2. Agency determinations with respect to requests to undertake surface disturbance within Conservation Areas will be governed by the terms of the Conservation Agreement.

3. Unauthorized surface disturbance of trust lands within Conservation Areas will be considered a trespass as provided in Section 53C-2-301.

 

KEY: plants, conservation, endangered species

Date of Enactment or Last Substantive Amendment: June 22, 2015

Authorizing, and Implemented or Interpreted Law: 53C-2-202