Utah Code 17-53-318. Governing body as cooperating agency in federal land planning and regulation
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(1) As used in this section:
Terms Used In Utah Code 17-53-318
- Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) “Cooperating agency” means:(1)(a)(i) a cooperating agency as defined in 43 C.F.R. § 1601.0-5; or(1)(a)(ii) a cooperating agency as defined in 40 C.F.R. § 1508.5.(1)(b) “General plan” means the general plan described in Title 17, Chapter 27a, Part 4, General Plan.(1)(c) “Governing body” means, respectively:(1)(c)(i) a county commission;(1)(c)(ii) a county council and county executive; or(1)(c)(iii) a county council and county manager.(2) A governing body or a person designated by the governing body:(2)(a) may represent the county as a cooperating agency; and(2)(b) is considered to have special expertise:(2)(b)(i) in a matter related to the:(2)(b)(i)(A) National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq.;(2)(b)(i)(C) Wilderness Act of 1964, 16 U.S.C. § 1131 et seq.;(2)(b)(i)(D) Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. § 528 et seq.;(2)(b)(i)(E) National Forest Management Act of 1976, 16 U.S.C. § 1600 et seq.; or(2)(b)(i)(F) an energy policy and conservation act amended by the Energy Policy Act of 2005, 42 U.S.C. § 16511 et seq.;(2)(b)(ii) in a matter related to federal land development and planning, the implementation of a federal resource management plan, and other related federal land management actions;(2)(b)(iii) regarding whether a federal land development and plan, resource management plan, or other related federal land management action is consistent with an adopted county general plan; and(2)(b)(iv) on a subject matter for which it has statutory responsibility, including a subject matter related to the health, safety, welfare, custom, culture, or socioeconomic viability of a county.(3) A county through its governing body or a person designated by the governing body may participate in efforts to coordinate and make consistent the federal agency resource management plan or other related management action with the general plan as provided in:(3)(a) the Federal Land Policy Management Act of 1976, 43 U.S.C. § 1701 et seq.;(3)(b) 16 U.S.C. § 1604; or(3)(c) any other federal law or rule that provides for coordination and consistency with local government plans and policies. - Land: includes :