DAR File No. 39962
This rule was published in the December 15, 2015, issue (Vol. 2015, No. 24) of the Utah State Bulletin.
School and Institutional Trust Lands, Administration
Definition of Terms
Notice of Proposed Rule
DAR File No.: 39962
Filed: 11/25/2015 11:29:26 AM
Purpose of the rule or reason for the change:
The amendments to this rule update definitions for agency terms resulting from the amendments to Rule R850-50, the agency's grazing management rules.
Summary of the rule or change:
Amendments to this rule include: 1) the addition of a definition for "Assignment"; 2) a slight modification to the definition for "Beneficiaries"; 3) a modification to the definition of "Carrying capacity"; 4) the addition of a definition for "Sublease"; and 5) the renumbering of the terms being defined to accommodate the two new definitions.
State statutory or constitutional authorization for this rule:
- Subsection 53C-1-302(1)(a)(ii)
Anticipated cost or savings to:
the state budget:
There will not be any anticipated cost or savings to the state budget as a result of the amendments to the definitions.
There are no anticipated costs or savings to local government as a result of the amendments to the agency definitions.
There should not be any cost or savings to small businesses resulting from the amendments to agency definitions of terms.
persons other than small businesses, businesses, or local governmental entities:
There should not be any cost or savings to persons other than small businesses, businesses, or local government entities resulting from the amendments to the agency's definitions of terms.
Compliance costs for affected persons:
There are no compliance costs for affected persons resulting from the amendments to the definitions of agency terms.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will not be any fiscal impact on businesses resulting from the amendments being made to the definitions of agency terms.
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
675 E 500 S
SALT LAKE CITY, UT 84102-2818
Direct questions regarding this rule to:
- Kim Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Kevin Carter, Director
R850. School and Institutional Trust Lands, Administration.
R850-1. Definition of Terms.
This rule implements Sections 6, 8, 10, and 12 of the Utah Enabling Act, Articles X, XVII and XX of the Utah Constitution, and Section 53C-1-302(1)(a)(ii) which authorize the Director of the School and Institutional Trust Lands Administration to provide definitions which apply to all rules promulgated by the director and agency unless otherwise provided.
1. Animal unit (AU): is equal to one cow and calf or their equivalent.
2]. [ Beneficiaries: (a) as to school and institutional trust lands: ] [ The] public school system and other institutions granted
properties by the United States under the Enabling Act to the state
of Utah in trust.
3]. Board: School and Institutional Trust Lands Board of
4]. Board policy: [ Actions] taken by the School and Institutional Trust Lands
Board of Trustees which comply with the definition of Policies
found in Section 53C-1-103(5).
5]. Carrying capacity: [ the acreage required to adequately provide forage for an
animal unit (AU) for a specified period without inducing range
6]. Commercial gain: compensation, in money, in services, or
other valuable consideration rendered for products provided.
7]. Cultural Resources: prehistoric and historic materials,
8]. Cultural Resource Survey:
(a) Class I: literature and site files search.
(b) Class II: sample field surface survey or inspection.
(c) Class III: intensive field surface survey.
9]. Director: the director of the School and Institutional
Trust Lands Administration.
10]. Agency: School and Institutional Trust Lands
11]. Easements: a right to use or restrict use of land or a
portion of a real property interest in the land for a particular
purpose granted by the agency to a qualified applicant including
but not limited to transmission lines, canals and ditches,
pipelines, tunnels, fences, roads and trails.
12]. General Management Plans: plans prepared for school and
institutional trust lands which guide the implementation of the
school and institutional trust land management objectives.
13]. High Value Grazing Lands: Trust lands used for grazing
which are not located within the boundaries of a federal allotment
and which are not managed by a federal agency, or trust lands which
are located such that they can be managed independent of the
influence of a federal agency, or trust lands for which management
agreements with a federal agency are in place, or any other trust
lands which the director has designated as High Value Grazing
14]. In-kind use: occupancy or use by a beneficiary of its
institutional trust land for authorized purposes as a direct
economic benefit to the institution.
15]. Management Plans: General Management Plans, Resource
Plans and Site-Specific Plans.
16]. Multiple-use: the management of various surface and
sub-surface resources so that they are utilized in the combination
that will best meet the present and future needs of the
17]. Paleontological Resources (fossils): the remains or
traces of organisms, plant or animal, that have been preserved by
various means in the earth's crust.
18]. Paleontological Resource Survey: an evaluation of the
scientific literature or previous paleontological survey reports to
assess the potential for discovery or impact to fossils by a
proposed development, followed by a pedestrian examination of the
exposed geological formations suspected of containing fossils of
19]. Paleontological Site: an exposure of a geologic
formation having fossil evidence of scientific value as determined
by professional consensus.
20]. Planning Unit: the geographical basis of a general
management plan; a consolidated block of state land, or a group of
isolated state land sections or parts thereof, or a combination of
blocks and isolated sections which provide common management
opportunities or which have common commercial gain, natural or
cultural resource concerns.
21]. Preliminary Development Plan: the submittal, both of
maps and written material, which shall identify and determine the
extent and scope on a proposed unit development of the entire
acreage under application. It shall illustrate, in phases, the
development of the entire acreage and include a time table of the
estimated schedule of development. The preliminary development plan
shall identify density, open space, environmental reserves, site
features, services and utilities, land ownerships, local master
planning, zoning compliance and basic engineering feasibility.
22]. Preliminary Development Plat: a plat which shall outline
and specify the number of dwelling units, the type of dwelling
units, the anticipated location of the transportation systems and
description of water and sewage systems for the developed area on a
Unit Development Lease.
23]. Private Exchange: An exchange of trust lands, for land
or other assets of equal or greater value, with a political
subdivision of the state or agency of the federal government. Lands
involved in a private exchange are not required to be advertised as
open for competing exchange, lease, and sale applications.
24]. Range condition: the relation between current and
potential condition of the range site.
25]. Record of Decision: a written finding describing an
agency action, relevant facts, and the basis upon which the
decision for action was made.
26]. Resource Plans: a plan prepared for a specific resource,
such as mining, timber, grazing or real estate.
27]. Rights-of-Entry: a right to a specific, non-depleting
land use granted by the agency to a qualified applicant that is
temporary in nature, generally not to exceed one year in duration,
including but not limited to seismic and land surveys, research
sites, access across trust lands, and other temporary types of land
28]. School and institutional trust lands: those properties
granted by the United States in the Utah Enabling Act to the state
of Utah in trust, or other properties transferred to the trust, to
be managed for the benefit of the public school system and the
various institutions of the state in whose behalf the lands were
29]. Significant site: any site which is designated by the
Division of State History as scientifically worthy of specific
30]. Site: archaeological and cultural sites are places of
prehistoric and historic human activity including aboriginal
mounds, forts, buildings, earth works, village locations, burial
grounds, ruins, caves, petroglyphs, pictographs, or other locations
which are the source of prehistoric cultural features and
31]. Site Specific Plans: plans prepared for trust lands
which provide direction for specific actions. Site-specific plans
shall include, but not be limited to:
(a) Records of Decision in either narrative or summary form.
(b) Board action that designates specific parcels of land for specific uses(s) or disposition.
32]. Specimen: includes all man-made relics, artifacts,
remains of a prehistorical, archaeological, or anthropological
nature found on or below the surface of the earth, and any remains
of prehistoric life.
33]. Trust lands: school and institutional trust lands and
all other lands administered under the authority of the School and
Institutional Trust Lands Board of Trustees.
34]. Survey Report: report of the various site files and
field surveys or inspections.
35]. Sustained-yield: the achievement and maintenance of
maximum non-depleting level of annual or periodic production of the
various renewable resources of land without impairment of the
productivity of the land.
36]. Trust land use(s): any use of school and institutional
trust lands based on multiple-use, sustained-yield principles or
practices designed to maximize support of the beneficiaries.
KEY: administrative procedure, definitions
Date of Enactment or Last Substantive Amendment: [
August 11, 2015]
Notice of Continuation: May 23, 2012
Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a)(ii)
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Kim Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.