HB 64 — School and Institutional Trust Lands Amendments

-Section 12. - Senate Committee Amendments

Section 53C-4-402 is enacted to read:

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64 53C-4-402 .

Nomination of a culturally or scientifically significant site -- Notification -- Scope.

(1)(a) A county legislative body of a qualified county may nominate a proposed culturally or scientifically significant site within the qualified county's jurisdictional boundaries for the director to approve as a culturally or scientifically significant site.

(b) To nominate a proposed culturally or scientifically significant site, a county legislative body shall submit the nomination:

(i) in accordance with the requirements described in Section 53C-4-403;

and (ii) in a form and manner determined by the director.

(2)(a) Before January 1, 2027, the director shall notify, by certified mail, the county legislative body of each qualified county of the opportunity to nominate a proposed culturally or scientifically significant site.

(b) The director's notification shall include:

(i) a physical map or link to an electronic map depicting trust lands located within the qualified county's jurisdictional boundaries;

and (ii) information about the requirements and procedure for submitting a nomination to the administration.

(3) Nothing in this part is intended to supersede, replace, or otherwise affect the provisions of Title 9, Chapter 8a, State Historic Preservation Office.

Section 3.

Section 53C-4-403 is enacted to read:

53C-4-403 .

Nomination requirements -- Excluded lands.

(1) A nomination of a proposed culturally or scientifically significant site shall include:

(a) a map or legal description of the proposed culturally or scientifically significant site with sufficient detail to document the location and acreage of the site;

(b) the county legislative body's rationale for deeming the location a culturally or scientifically significant site, including evidence regarding the cultural or scientific significance of the site;

(c) documentation of the public notification and consultation process used by the county legislative body to gather input from county residents and stakeholders;

(d) a copy of a resolution adopted by the county legislative body expressing the county legislative body's support for the nomination;

and (e) a proposal by the county legislative body for how to preserve the site, including by purchase, exchange, conservation easement, or other preservation measure.

(2) A proposed culturally or scientifically significant site may not:

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64 02-13 11:04 (a) exceed either:

(i) the smallest area necessary for the proper care, management, and conservation of the site;

or (ii) 640 acres;

or (b) include lands containing:

(i) deposits of coal, oil, gas, or other hydrocarbon resources;

(ii) mineral resources;

or (iii) geothermal resources.

(3) A county legislative body may submit a nomination no later than 24 months after the day the county legislative body receives the director's notification described in Subsection 53C-4-402(2).

(4) Except for the resubmission requirement described in Subsection 53C-4-404(1)(d), a county legislative body may not submit more than two nominations.

Section 4.

Section 53C-4-404 is enacted to read:

53C-4-404 .

Review by director -- List of approved culturally or scientifically significant sites.

(1)(a) The director shall approve or reject a nomination no later than 180 days after the day on which the director receives the nomination.

(b) The director shall approve a nomination that the director determines is consistent with the requirements described in Section 53C-4-403.

(c) The director may reject a nomination that the director determines, in the director's sole discretion, is inconsistent with the requirements described in Section 53C-4-403.

(d) Notwithstanding Subsections 53C-4-403(3) and (4), if the director rejects a nomination, the director shall allow the county legislative body that submitted the nomination a reasonable amount of time to:

(i) resolve a deficiency in the nomination;

and (ii) resubmit the nomination.

(2)(a) The director shall maintain a list of approved nominations.

(b) The director shall review the list periodically to:

(i) ensure the nomination requirements described in Section 53C-4-403 are adequate to identify a culturally or scientifically significant site;

and (ii) recommend that the Legislature modify or add a nomination requirement, as needed.

Section 5.

Section 53C-4-405 is enacted to read:

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64 53C-4-405 .

Preservation measures.

(1) If the director determines that an imminent action might result in a change to the character of a culturally or scientifically significant site, the director may:

(a) consult with the county legislative body that nominated the site to determine the county legislative body's interest in preserving the site through purchase, exchange, conservation easement, or other preservation measure;

(b) consider potential effects to the site when planning development or other activities on the site;

or (c) restrict or modify a development plan or other activity to preserve the site, when commercially feasible, which may include:

(i) notifying prospective developers, lessees, or purchasers of the site before leasing, selling, or permitting a development activity;

(ii) utilizing a deed restriction or protective covenant;

or (iii) other preservation measures that the director deems appropriate.

(2) The director may not take an action under this section that is inconsistent with Subsection 53C-1-102(2).

Section 6.

Effective Date.

This bill takes effect on May 6, 2026.

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