DAR File No. 29409
This filing was published in the 02/01/2007, issue, Vol. 2007, No. 3, of the Utah State Bulletin.
School and Institutional Trust Lands, Administration
R850-120
Beneficiary Use of Institutional Trust Lands.
FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
DAR File No.: 29409
Filed: 01/12/2007, 09:03
Received by: NL
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Subsection 53C-1-302(1)(a)(ii) gives general directions for the Director of the agency to make rules for the day-to-day administration of the agency. Subsection 53C-4-101(1) specifically instructs the Director to promulgate rules laying out the criteria for the sale, lease, or other disposition of trust lands. Also, Section 8 of the Utah Enabling Act, ch. 138, 28 Stat. 107 (1894), specifically provides that lands granted for the University of Utah and Utah State University (Agricultural College) are for the benefit and use of the respective beneficiaries.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No written comments have been received concerning this rule.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
This rule gives direction for trust land beneficiaries to follow in order to apply for noncompensated use of lands held in trust for them. In the absence of this rule, the agency would be forced to respond to beneficiary requests using the same standards that apply to members of the general public; in violation of the conditions of the grants as spelled out in the Enabling Act. Therefore, this rule should be continued.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
School and Institutional Trust LandsAdministration
675 E 500 S
SALT LAKE CITY UT 84102-2818
Direct questions regarding this rule to:
Kim S. Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov
Authorized by:
Kevin S. Carter, Director
ADDITIONAL INFORMATION
For questions regarding the content or application of this rule, please contact Kim S. Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at kimchristy@utah.gov For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).
Last modified: 01/31/2007 9:35 AM