HB 546

Enrolled Copy  H.B. 546
1Public Lands Duty of Care Amendments
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                       Chief Sponsor: Ken Ivory
                                   Senate Sponsor: Keven J. Stratton
2
3  LONG TITLE
4  General Description:
5      This bill addresses the jurisdictional management of public lands.
6  Highlighted Provisions:
7      This bill:
8      ▸ defines terms;
9      ▸ asserts the state's jurisdictional interest in land controlled by the federal government under
10  a proprietary interest;
11      ▸ directs the Public Lands Policy Coordinating Office (office) to promote the state's
12  jurisdictional interests on landscape-scale public lands;
13      ▸ requires the office to:
14●    identify and map landscape-scale lands in the state;
15●    establish map layers for certain criteria on landscape-scale lands;
16●    map a landscape public nuisance area on landscape-scale lands containing forested
17  areas; and
18●    report annually on the map to the Federalism Commission and Natural Resources,
19  Agriculture, and Environment Interim Committee;
20      ▸ requires the Division of Forestry, Fire, and State Lands to assist the office in identifying a
21  landscape public nuisance area for landscape-scale lands containing forested areas; and
22      ▸ makes technical and conforming changes.
23  Money Appropriated in this Bill:
24      None
25  Other Special Clauses:
26      None
27  Utah Code Sections Affected:
H.B. 546  Enrolled Copy
28   AMENDS:
2963G-16-101, as last amended by Laws of Utah 2025, Chapter 401
3063L-11-302, as last amended by Laws of Utah 2024, Chapters 84, 184
31   ENACTS:
3263L-11-501, Utah Code Annotated 1953
3363L-11-502, Utah Code Annotated 1953
3463L-11-503, Utah Code Annotated 1953
35   REPEALS:
3663L-11-101, as enacted by Laws of Utah 2021, Chapter 382
37
38   Be it enacted by the Legislature of the state of Utah:
39Section 1. Section 63G-16-101 is amended to read:
4063G-16-101 . Principles of state sovereignty -- Presumption of state subject
41   matter jurisdiction -- Resolution of jurisdictional conflicts.
42   (1) As used in this section:
43(a) "Commission" means the Federalism Commission created in Section 63C-4a-302.
44(b) "Federal proprietary interest lands" means federally controlled lands in which the
45federal government holds only a proprietary interest:
46(i) as an ordinary landowner with no governing or legislative jurisdiction; and
47(ii) as described in:
48(A) the Report to the Interdepartmental Committee for the Study of Jurisdiction
49Over Federal Areas within the States, Parts 1 and 2, published in April 1956;
50and
51(B) the Inventory Report on Jurisdictional Status of Federal Areas within States,
52prepared by the General Services Administration in June 1962.
53(c) "Legislative jurisdiction" means the authority of a government to create, enforce, and
54carry out laws within a jurisdiction.
55[(b)] (d) "State entity" means:
56(i) any department, agency, board, commission, or other instrumentality of the state;
57or
58(ii) a political subdivision of the state.
59   (2) Pursuant to the Ninth and Tenth Amendments of the United States Constitution, Utah
60solemnly affirms the state's sovereignty and fully and unconditionally reserves and
61asserts all rights and powers, directly and indirectly related to those rights and powers.
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62  (3) The affirmation, reservation, and assertion of state sovereignty under Subsection (2)
63      includes rights and claims of set-off by the state for any amounts the state claims to have
64      been inequitably or unlawfully caused or imposed by the federal government.
65  (4) The federal government is a government of limited jurisdiction and power.
66  (5)(a) The state has general governing authority under the state's inherent police power
67      jurisdiction over all governing matters within the state affecting public welfare,
68      safety, health, and morality, as recognized under the Tenth Amendment to the United
69      States Constitution.
70      (b) The state affirms that the state has never ceded legislative jurisdiction over federal
71proprietary interest lands, which account for approximately 35 million acres in Utah,
72or 96% of federally controlled lands in the state.
73      [(b)] (c) The subject areas within the state's police powers jurisdiction [under Subsection
74(5)(a)] over federal proprietary interest lands include, without limitation:
75(i) natural resources;
76(ii) water resources and water rights;
77(iii) agriculture;
78(iv) health, safety, and welfare;
79(v) land health, access, and productivity;
80(vi) zoning and planning;
81(vii) enforcement of state law;
82[(iv)] (viii) education; and
83[(v)] (ix) energy resources.
84      (d) In asserting the state's inherent police power, a state entity shall:
85(i) identify federally controlled lands that are federal proprietary interest lands; and
86(ii) presume that all federally controlled lands are federal proprietary interest lands
87unless the federal government can demonstrate, through specific constitutional
88enumeration or cession of legislative jurisdiction by the state, that the federal
89government has constitutional or legislative jurisdiction over the lands.
90  (6) The federalism canon, as prescribed by the United States Supreme Court, requires
91      courts to presume that federal law does not preempt state law because of the sovereignty
92      the states enjoy under the United States Constitution, as amended.
93  (7) The balance of governing jurisdiction and power protects the diversity of the states and
94      ensures the self-governing voice of the people.
95  (8)(a) Jurisdiction over all governing subject matters arising within the state is presumed
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96to reside with the state except as otherwise enumerated in the United States
97Constitution, as amended.
98(b) The presumption of state jurisdiction under this Subsection (8) may only be
99overcome if the federal government demonstrates that jurisdiction over the subject
100matter in question is specifically enumerated to the federal government under the
101United States Constitution, as amended.
102(c) If a conflict arises whereby the federal government asserts jurisdiction over subject
103matters not enumerated under the United States Constitution, as amended, the federal
104government bears the burden of establishing federal jurisdiction over the subject
105matter through coordination with the state.
106Section 2. Section 63L-11-302 is amended to read:
10763L-11-302 . Principles to be recognized and promoted.
108      The office shall recognize and promote the following principles when preparing any
109   policies, plans, programs, processes, or desired outcomes relating to federal lands and natural
110   resources on federal lands under Section 63L-11-301:
111   (1)(a) the citizens of the state are best served by applying multiple-use and
112sustained-yield principles in public land use planning and management; and
113(b) multiple-use and sustained-yield management means that federal agencies should
114develop and implement management plans and make other resource-use decisions
115that:
116(i) achieve and maintain in perpetuity a high-level annual or regular periodic output
117of mineral and various renewable resources from public lands;
118(ii) support valid existing transportation, mineral, and grazing privileges at the
119highest reasonably sustainable levels;
120(iii) support the specific plans, programs, processes, and policies of state agencies
121and local governments;
122(iv) are designed to produce and provide the desired vegetation for the watersheds,
123timber, food, fiber, livestock forage, wildlife forage, and minerals that are
124necessary to meet present needs and future economic growth and community
125expansion without permanent impairment of the productivity of the land;
126(v) meet the recreational needs and the personal and business-related transportation
127needs of the citizens of the state by providing access throughout the state;
128(vi) meet the recreational needs of the citizens of the state;
129(vii) meet the needs of wildlife;
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130(viii) provide for the preservation of cultural resources, both historical and
131archaeological;
132(ix) meet the needs of economic development;
133(x) meet the needs of community development; and
134(xi) provide for the protection of water rights;
135  (2) managing public lands for wilderness characteristics circumvents the statutory
136      wilderness process and is inconsistent with the multiple-use and sustained-yield
137      management standard that applies to all Bureau of Land Management and United States.
138      Forest Service lands that are not wilderness areas or wilderness study areas;
139  (3) all waters of the state are:
140      (a) owned exclusively by the state in trust for the state's citizens;
141      (b) are subject to appropriation for beneficial use; and
142      (c) are essential to the future prosperity of the state and the quality of life within the state;
143  (4) the state has the right to develop and use the state's entitlement to interstate rivers;
144  (5) all water rights desired by the federal government must be obtained through the state
145      water appropriation system;
146  (6) land management and resource-use decisions which affect federal lands should give
147      priority to and support the purposes of the compact between the state and the United
148      States related to school and institutional trust lands;
149  (7) development of the solid, fluid, and gaseous mineral resources of the state is an
150      important part of the economy of the state, and of local regions within the state;
151  (8) the state should foster and support industries that take advantage of the state's
152      outstanding opportunities for outdoor recreation;
153  (9) wildlife constitutes an important resource and provides recreational and economic
154      opportunities for the state's citizens;
155  (10) proper stewardship of the land and natural resources is necessary to ensure the health
156      of the watersheds, timber, forage, and wildlife resources to provide for a continuous
157      supply of resources for the people of the state and the people of the local communities
158      who depend on these resources for a sustainable economy;
159  (11) forests, rangelands, timber, and other vegetative resources:
160      (a) provide forage for livestock;
161      (b) provide forage and habitat for wildlife;
162      (c) provide resources for the state's timber and logging industries;
163      (d) contribute to the state's economic stability and growth; and
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164(e) are important for a wide variety of recreational pursuits;
165   (12) management programs and initiatives that improve watersheds and forests and increase
166forage for the mutual benefit of wildlife species and livestock, logging, and other
167agricultural industries by utilizing proven techniques and tools are vital to the state's
168economy and the quality of life in the state;
169   (13)(a) land management plans, programs, and initiatives should provide that the amount
170of domestic livestock forage, expressed in animal unit months, for permitted, active
171use as well as the wildlife forage included in that amount, be no less than the
172maximum number of animal unit months sustainable by range conditions in grazing
173allotments and districts, based on an on-the-ground and scientific analysis;
174(b) the state opposes the relinquishment or retirement of grazing animal unit months in
175favor of conservation, wildlife, and other uses;
176(c) the state supports the multiple-use, sustained-yield framework required by federal
177law for management of public lands and opposes federal prioritization of
178conservation as a use equal to other productive uses of public lands;
179(d)(i) the state favors the best management practices that are jointly sponsored by
180cattlemen, sportsmen, and wildlife management groups such as chaining, logging,
181seeding, burning, and other direct soil and vegetation prescriptions that are
182demonstrated to restore forest and rangeland health, increase forage, and improve
183watersheds in grazing districts and allotments for the benefit of domestic livestock
184and wildlife;
185(ii) when practices described in Subsection (13)(d)(i) increase a grazing allotment's
186forage beyond the total permitted forage use that was allocated to that allotment in
187the last federal land use plan or allotment management plan still in existence as of
188January 1, 2005, a reasonable and fair portion of the increase in forage beyond the
189previously allocated total permitted use should be allocated to wildlife as
190recommended by a joint, evenly balanced committee of livestock and wildlife
191representatives that is appointed and constituted by the governor for that purpose;
192and
193(iii) the state favors quickly and effectively adjusting wildlife population goals and
194population census numbers in response to variations in the amount of available
195forage caused by drought or other climatic adjustments, and state agencies
196responsible for managing wildlife population goals and population census
197numbers will, when making those adjustments, give due regard to both the needs
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198of the livestock industry and the need to prevent the decline of species to a point
199of listing under the terms of the Endangered Species Act;
200      (e) the state opposes the transfer of grazing animal unit months to wildlife for supposed
201reasons of rangeland health;
202      (f) reductions in domestic livestock animal unit months must be temporary and
203scientifically based upon rangeland conditions;
204      (g) policies, plans, programs, initiatives, resource management plans, and forest plans
205may not allow the placement of grazing animal unit months in a suspended use
206category unless there is a rational and scientific determination that the condition of
207the rangeland allotment or district in question will not sustain the animal unit months
208sought to be placed in suspended use;
209      (h) any grazing animal unit months that are placed in a suspended use category should
210be returned to active use when range conditions improve;
211      (i) policies, plans, programs, and initiatives related to vegetation management should
212recognize and uphold the preference for domestic grazing over alternate forage uses
213in established grazing districts while upholding management practices that optimize
214and expand forage for grazing and wildlife in conjunction with state wildlife
215management plans and programs in order to provide maximum available forage for
216all uses; and
217      (j) in established grazing districts, animal unit months that have been reduced due to
218rangeland health concerns should be restored to livestock when rangeland conditions
219improve, and should not be converted to wildlife use;[ and]
220  (14) a grazing allotment on federal public lands is a valid existing right for purposes of
221      federal land withdrawals when the owner of the grazing allotment meets the
222      requirements described in Section 63L-8-404[.] ; and
223  (15) the state has a jurisdictional interest in the ability to maintain and manage
224      landscape-scale lands, as defined in Section 63L-11-501, for the health, safety, and
225      well-being of the people of the state, including:
226      (a) establishing land management responsibilities related to zoning and planning;
227      (b) generating income from renewable and non-renewable resources to provide essential
228government services;
229      (c) protecting the health of the state's forested lands, watersheds, wildlife, and wildlife
230habitat;
231      (d) collecting adequate tax revenue to fund schools and public safety programs for local
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232governments; and
233(e) maintaining a road across public lands, in which the state or county has vested title,
234to protect rural transportation, public safety, and emergency response.
235Section 3. Section 63L-11-501 is enacted to read:
236Part 5. Access, Health, and Productivity of Landscape-scale Lands
23763L-11-501 . Definitions.
238      As used in this part:
239   (1) "Department" means the Department of Natural Resources created in Section 79-2-201.
240   (2) "Division" means the Division of Forestry, Fire, and State Lands created in Section
24165A-1-4.
242   (3) "Forested area" means an acre of land containing 50% or greater canopy cover from tree
243species.
244   (4) "Geographic Information System" or "GIS" means a computer driven data integration
245and map production system that interrelates disparate layers of data to specific
246geographic locations.
247   (5) "High value mineral area" means an area within priority mineral lands that:
248(a) are close in proximity to mineral processing and transport infrastructure;
249(b) have minimal conflicts with other resources; and
250(c) have the highest potential for responsible mineral production consistent with multiple
251use and sustained yield.
252   (6) "Landscape access" means a point of access for ingress and egress by the public from
253landscape-scale lands, including:
254(a) a road;
255(b) a trail; or
256(c) another access point that is open to the public.
257   (7) "Landscape health" means the ecological health of landscape-scale lands, including:
258(a) appropriate forest or foliage cover;
259(b) prevalence of invasive or disruptive species;
260(c) the ability of the lands to recover from disturbance or disaster; and
261(d) any other ecological health parameter identified in department rule made in
262accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
263   (8) "Landscape productivity" means the total output or extraction of natural resources from
264landscape-scale lands consistent with multiple use and sustained yield.
265   (9) "Landscape-scale lands" means one or more contiguous tracts of land:
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266      (a) greater than or equal to 250,000 acres;
267      (b) under common title, lease, or unified management; and
268      (c) within the state.
269  (10) "Multiple use" means the same as that term is defined in Section 63L-8-102.
270  (11) "Polygon" means a GIS-generated representation of a geographic area for spatial
271      analysis.
272  (12) "Priority mineral lands" means landscape-scale lands containing deposits of:
273      (a) a mineral identified in the most recent list of:
274(i) critical minerals published by the United States Geological Survey; or
275(ii) critical materials published by the United States Department of Energy;
276      (b) a mineral, element, substance, or material designated as critical by the Secretary of
277the Interior in accordance with 30 U.S.C. Sec. 1606; and
278      (c) a mineral designated as critical, rare, strategic, or energy-rich by department rule
279made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
280  (13) "Sustained yield" means the same as that term is defined in Section 63L-8-102.
281Section 4. Section 63L-11-502 is enacted to read:
28263L-11-502 . Map of landscape-scale lands -- Map layers for access, health, and
283  productivity -- Report.
284  (1)(a) Before January 1, 2028, the office shall identify and digitally map landscape-scale
285      lands in the state.
286      (b) The digital map described in Subsection (1)(a) shall include GIS data layers for:
287(i) landscape access;
288(ii) landscape public nuisance areas based on criteria described in Section 63L-11-503;
289(iii) priority mineral lands; and
290(iv) high value mineral areas.
291  (2) The office shall:
292      (a) coordinate with public and private entities to develop the map described in
293Subsection (1); and
294      (b) coordinate with the division to identify polygons for any landscape public nuisance
295areas based on criteria described in Section 63L-11-503.
296  (3)(a) No later than October 1 of each year, the office shall submit an annual report to
297      the Federalism Commission and the Natural Resources, Agriculture, and
298      Environment Interim Committee.
299      (b) The report described in Subsection (3)(a) shall include:
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300(i) updates to the digital map described in Subsection (1); and
301(ii) recommendations for establishing zones for high value mineral areas.
302Section 5. Section 63L-11-503 is enacted to read:
30363L-11-503 . Monitoring of landscape public nuisance conditions.
304   (1) The division may identify a landscape public nuisance area on landscape-scale lands
305containing forested areas.
306   (2) In evaluating whether a landscape public nuisance area exists, the division may consider:
307(a) tree or foliage density;
308(b) landscape health;
309(c) insect and disease infestation, including insect and disease hazard ratings;
310(d) fuel loads;
311(e) forest or range type;
312(f) slope and other natural characteristics of an area;
313(g) quantity and quality of the water supply in a watershed;
314(h) weather and climate; and
315(i) any other factor that the division considers reasonably relevant.
316Section 6. Repealer.
317This bill repeals:
318Section 63L-11-101, Title.
319Section 7. Effective Date.
320   This bill takes effect on May 6, 2026.
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