Utah Code 23A-3-306. Uses of legacy fund
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(1) Each year, when the board creates a budget, the board shall allocate:
Terms Used In Utah Code 23A-3-306
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Board: means the Utah Natural Resources Legacy Fund Board created in Section 23A-3-305. See Utah Code 23A-3-301
- Director: means the director of the division appointed under Section
23A-2-202 . See Utah Code 23A-1-101 - Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
- Endangered: means wildlife designated as endangered according to Section 3 of the federal Endangered Species Act of 1973. See Utah Code 23A-1-101
- Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
- Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
- Legacy: A gift of property made by will.
- Legacy fund: means the Utah Natural Resources Legacy Fund created in Section 23A-3-304. See Utah Code 23A-3-301
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
- Wildlife: means :(61)(a) crustaceans, including brine shrimp and crayfish;(61)(b) mollusks; and(61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101(1)(a) 40% of the budget:(1)(a)(i) for staff and expenses to administer the legacy fund under this part;(1)(a)(ii) to conduct research, monitoring, and management actions that benefit non-game species; or(1)(a)(iii) to otherwise reduce the likelihood of future species listings under the Endangered Species Act, 16 U.S.C. § 1531 et seq.; and(1)(b) 60% of the budget to fund the following projects that provide the following landscape level conservation benefits:(1)(b)(i) preserving open spaces, wildlife habitat, and critical agricultural lands;(1)(b)(ii) providing perpetual access for hunting, fishing, or trapping;(1)(b)(iii) addressing and mitigating impacts detrimental to wildlife habitat, the environment, and the multiple use of renewable natural resources attributable to residential, mineral, and industrial development; or(1)(b)(iv) preserving a viable agricultural industry.
(2)
(2)(a) The board shall make recommendations to the division regarding expenditures from the legacy fund for the purposes described in Subsection (1)(b).
(2)(b) The division shall consider the board’s recommendations in approving an expenditure from the legacy fund under Subsection (1) and, if the division rejects the board’s recommendation, the director shall provide the board with a written explanation of the reason for the rejection.
(3) In performing the actions described in Subsection (1)(b), the division shall comply with Section 23A-6-202.
(4) This section does not give the division the power of eminent domain.
(5) The division may not use assets from the legacy fund for litigation.
(6) Money in the legacy fund may not be used to develop or implement a habitat conservation plan required under federal law unless the federal government pays for at least one-third of the habitat conservation plan costs.