R940.  Transportation Commission, Administration.
R940-7.  Marda Dillree Corridor Preservation Fund.
R940-7-1.  Purpose and Authority.
	(1)  Sections 72-2-117(6)(f) and 72-2-117(9)(a) authorize the Utah Transportation Commission to establish this rule.  The purpose of this rule is to establish procedures for:
	(a)  the Utah Department of Transportation to apply for fund money;
	(b)  the Utah Transportation Commission to award fund money;
	(c)  repayment conditions; and
	(d)  creating a corridor preservation advisory council.

R940-7-2.  Definitions.
	(1)  "Commission" means the Utah Transportation Commission.
	(2)  "UDOT" means the Utah Department of Transportation.
	(3)  "Council" means the Utah Transportation Corridor Preservation Advisory Council.
	(4)  "Corridor" means a strip of land between two termini within which traffic, topography, environment and other characteristics are evaluated for transportation purposes.
	(5)  "Fund" means the Marda Dillree Corridor Preservation Fund.

R940-7-3.  Utah Transportation Corridor Preservation Advisory Council.
	(1) UDOT shall establish a council to provide recommendations and priorities concerning the use of fund money to the commission and assist in prioritizing requests for funding.  The council shall be chaired by the Director of Right-of-Way. Additional council members shall be two commission members selected by the chair of the commission, one designated member from each of the metropolitan planning organizations in the state, any additional members appointed by the commission or designated by the council, and representatives with relevant technical expertise or experience.

R940-7-4.  Council Responsibilities.
	The council shall receive and review all requests for money from the fund and shall prioritize such requests based upon Subsections 72-2-117(6)(a) and (b).  Priority shall be given to cost-effective preservation projects which maximize cost savings for future transportation right of way acquisitions.

R940-7-5.  UDOT Responsibilities.
	(1)  In addition to the specified statutory considerations, UDOT may also:
	(a)  review requests and determine if sufficient studies have been completed in a corridor to:
	(i)  identify environmentally sensitive areas;
	(ii)  determine feasible alignments;
	(iii)  determine cost-effectiveness of the project; and
	(iv)  allow for adequate public involvement.
	(b)  forward council recommendations to the commission and request approval for funding specific corridors;
	(c)  acquire real property or any interest in real property necessary for corridor preservation in corridors authorized by the commission;
	(d)  manage money of the fund; and
	(e)  administer repayment contracts with counties and municipalities.

R940-7-6.  Procedure for the Awarding of Fund Money.
	Requests for money shall be directed to the council for review and prioritization based upon R940-7-4. The results of the evaluation of requests shall be forwarded to the commission.  The commission shall review the recommendations of the council as well as any other pertinent factors and approve, adjust, or reject the recommended expenditures in accordance with Section 72-2-117(3)(a).  In no event shall fund money be used or made available for relocation assistance.

R940-7-7.  Repayment Conditions.
	The commission may determine a loan repayment schedule.  All corridor preservation loans shall be paid back according to the approved loan repayment schedule or the earlier of when the remainder of the right of way has been acquired, or when the project has been advertised for construction.  If the commission determines an alignment for a transportation project is not feasible and property for the alignment was purchased under this program, the property shall be disposed of in accordance with Section 72-5-111.  All loan repayments together with rents, lease proceeds, profits, and money resulting from the sale of excess properties shall be returned to the fund.

KEY:  Marda Dillree Corridor Preservation Fund, transportation planning, right of way
Date of Enactment or Last Substantive Amendment:  April 21, 2011
Notice of Continuation:  October 25, 2016
Authorizing, and Implemented or Interpreted Law:  72-2-117(6)(f); 72-2-117(9)(a)