79-4-605. Hole in the Rock included within state park system.
| (1) |
As used in this section, “Hole in the Rock area” means the area of land beginning at Escalante, Garfield County to the western rim of Glen Canyon National Recreation Area, extending eastward to Bluff Fort in San Juan County, following the trail used by Mormon pioneers to reach the southeastern area of Utah. |
Terms Used In Utah Code 79-4-605
- Land: includes :Utah Code 68-3-12.5
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (2) |
The division may:
| (a) |
enter into an agreement to acquire the Hole in the Rock area, or part of the area, as a state park with the United States Bureau of Land Management and the United States National Park Service; and |
| (b) |
receive donations of land or facilities at the Hole in the Rock area for inclusion within the state park. |
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| (3) |
In entering the agreement described in Subsection (2)(a), the division may:
| (a) |
pursue a land transfer agreement with the United States Bureau of Land Management and the United States National Park Service; |
| (b) |
if a land transfer agreement is not possible, seek to purchase or lease the land from the United States Bureau of Land Management and the United States National Park Service through the Recreation and Public Purposes Act, 43 U.S.C. § 869 et seq.; and |
| (c) |
finalize an agreement to receive land by transfer, purchase, or lease, as described in Subsections (3)(a) and (b), if:
| (i) |
the resulting state park, including the cost of law enforcement, would be financially self-sustaining; |
| (ii) |
all current grazing allotments shall be maintained; and |
| (iii) |
the Legislative Management Committee and the Natural Resources, Agriculture, and Environment Interim Committee approve the plan to expand the state park system by including the Hole in the Rock area. |
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| (4) |
In pursuing state park status for the Hole in the Rock area, the division shall consult with affected counties, the Hole in the Rock Foundation, and other parties as appropriate. |
| (5) |
If the division successfully enters into the agreement described in Subsection (2)(a), the division shall negotiate in good faith with the School and Institutional Trust Lands Administration to attempt to:
| (a) |
purchase parcels of school and institutional trust land located within the boundaries of the Hole in the Rock area; or |
| (b) |
exchange parcels of school and institutional trust land located within the boundaries of the Hole in the Rock area for other parcels of state land or other lands administered by the United States government. |
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| (6) |
The Hole in the Rock area shall be included within the state park system upon the division entering into the agreement described in Subsection (2)(a). |
| (7) |
Upon its inclusion in the state park system, the state shall be responsible for the cost of law enforcement within the Hole in the Rock area. |
Amended by Chapter 108, 2018 General Session
