Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R357. Governor, Economic Development.

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

As in effect on August 1, 2019

Table of Contents

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

March 20, 2015

Authorizing, Implemented, or Interpreted Law

79-4-1103


Additional Information

Contact

For questions regarding the content or application of rules under Title R357, please contact the promulgating agency (Governor, Economic Development). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.