School and Institutional Trust Lands Amendments

14
53C-4-401
53C-4-402
53C-4-403
53C-4-404
53C-4-405
0
School and Institutional Trust Lands Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Derrin R. Owens
LONG TITLE
Committee Note:
The Natural Resources, Agriculture, and Environment Interim Committee recommended
this bill.
Legislative Vote:
14 voting for
0 voting against
5 absent
General Description:
This bill addresses the preservation of a culturally or scientifically significant site on school
and institutional trust lands.
Highlighted Provisions:
This bill:
defines terms;
creates a process for a county to nominate a culturally or scientifically significant site
located on school and institutional trust lands (trust lands) for potential preservation;
establishes requirements for the nomination of a proposed culturally or scientifically
significant site;
requires the director of the School and Institutional Trust Lands Administration
(administration) to:
notify a county with trust lands of the opportunity to nominate a culturally or
scientifically significant site;
approve a nomination for a culturally or scientifically significant site if the director
determines that the nomination is consistent with the established requirements; and
maintain and periodically review a list of approved culturally or scientifically
significant sites;
allows the director of the administration to:
reject a nomination if the director determines the nomination is inconsistent with the
established requirements; and
consider a preservation measure if the culturally or scientifically significant site is at
risk; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53C-4-401
, Utah Code Annotated 1953
53C-4-402
, Utah Code Annotated 1953
53C-4-403
, Utah Code Annotated 1953
53C-4-404
, Utah Code Annotated 1953
53C-4-405
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53C-4-401
is enacted to read:
4. Culturally or Scientifically Significant Sites
53C-4-401
. Definitions.
As used in this part:
(1)
"County legislative body" means a legislative body of a county government described in
Title 17, Chapter 52a, Part 2, Forms of County Government.
(2)
"Culturally or scientifically significant site" means a site, structure, or natural feature:
(a)
located on trust lands;
(b)
containing archaeological, cultural, historical, paleontological, or scientific
significance; and
(c)
approved and listed by the administration under Section
53C-4-404
.
(3)
"Nomination" means the process for nominating a proposed culturally or scientifically
significant site described in Subsection
53C-4-402(1)
.
(4)
"Qualified county" means a county that has trust lands located within the county's
jurisdictional boundaries.
Section 2. Section
53C-4-402
is enacted to read:
53C-4-402
. Nomination of a culturally or scientifically significant site --
Notification -- Scope.
(1)
(a)
A county legislative body of a qualified county may nominate a proposed
culturally or scientifically significant site within the qualified county's jurisdictional
boundaries for the director to approve as a culturally or scientifically significant site.
(b)
To nominate a proposed culturally or scientifically significant site, a county
legislative body shall submit the nomination:
(i)
in accordance with the requirements described in Section
53C-4-403
; and
(ii)
in a form and manner determined by the director.
(2)
(a)
Before January 1, 2027, the director shall notify, by certified mail, the county
legislative body of each qualified county of the opportunity to nominate a proposed
culturally or scientifically significant site.
(b)
The director's notification shall include:
(i)
a physical map or link to an electronic map depicting trust lands located within the
qualified county's jurisdictional boundaries; and
(ii)
information about the requirements and procedure for submitting a nomination to
the administration.
(3)
Nothing in this part is intended to supersede, replace, or otherwise affect the provisions
of Title 9, Chapter 8a, State Historic Preservation Office.
Section 3. Section
53C-4-403
is enacted to read:
53C-4-403
. Nomination requirements -- Excluded lands.
(1)
A nomination of a proposed culturally or scientifically significant site shall include:
(a)
a map or legal description of the proposed culturally or scientifically significant site
with sufficient detail to document the location and acreage of the site;
(b)
the county legislative body's rationale for deeming the location a culturally or
scientifically significant site, including evidence regarding the cultural or scientific
significance of the site;
(c)
documentation of the public notification and consultation process used by the county
legislative body to gather input from county residents and stakeholders;
(d)
a copy of a resolution adopted by the county legislative body expressing the county
legislative body's support for the nomination; and
(e)
a proposal by the county legislative body for how to preserve the site, including by
purchase, exchange, conservation easement, or other preservation measure.
(2)
A proposed culturally or scientifically significant site may not:
(a)
exceed either:
(i)
the smallest area necessary for the proper care, management, and conservation of
the site; or
(ii)
640 acres; or
(b)
include lands containing:
(i)
deposits of coal, oil, gas, or other hydrocarbon resources;
(ii)
mineral resources; or
(iii)
geothermal resources.
(3)
A county legislative body may submit a nomination no later than 24 months after the
day the county legislative body receives the director's notification described in
Subsection
53C-4-402(2)
.
(4)
Except for the resubmission requirement described in Subsection
53C-4-404(1)(d)
, a
county legislative body may not submit more than two nominations.
Section 4. Section
53C-4-404
is enacted to read:
53C-4-404
. Review by director -- List of approved culturally or scientifically
significant sites.
(1)
(a)
The director shall approve or reject a nomination no later than 180 days after the
day on which the director receives the nomination.
(b)
The director shall approve a nomination that the director determines is consistent
with the requirements described in Section
53C-4-403
.
(c)
The director may reject a nomination that the director determines, in the director's
sole discretion, is inconsistent with the requirements described in Section
53C-4-403
.
(d)
Notwithstanding Subsections
53C-4-403(3)
and
(4)
, if the director rejects a
nomination, the director shall allow the county legislative body that submitted the
nomination a reasonable amount of time to:
(i)
resolve a deficiency in the nomination; and
(ii)
resubmit the nomination.
(2)
(a)
The director shall maintain a list of approved nominations.
(b)
The director shall review the list periodically to:
(i)
ensure the nomination requirements described in Section
53C-4-403
are adequate
to identify a culturally or scientifically significant site; and
(ii)
recommend that the Legislature modify or add a nomination requirement, as
needed.
Section 5. Section
53C-4-405
is enacted to read:
53C-4-405
. Preservation measures.
(1)
If the director determines that an imminent action might result in a change to the
character of a culturally or scientifically significant site, the director may:
(a)
consult with the county legislative body that nominated the site to determine the
county legislative body's interest in preserving the site through purchase, exchange,
conservation easement, or other preservation measure;
(b)
consider potential effects to the site when planning development or other activities
on the site; or
(c)
restrict or modify a development plan or other activity to preserve the site, when
commercially feasible, which may include:
(i)
notifying prospective developers, lessees, or purchasers of the site before leasing,
selling, or permitting a development activity;
(ii)
utilizing a deed restriction or protective covenant; or
(iii)
other preservation measures that the director deems appropriate.
(2)
The director may not take an action under this section that is inconsistent with
Subsection
53C-1-102(2)
.
Section 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
12-22-25 1:24 PM