2012 Utah Code
Title 11 - Cities, Counties, and Local Taxing Units
Article 51 - Local Jurisdiction Related to Federally Managed Land Act
Section 103 - Local jurisdiction related to federally managed land -- Written notice -- Mitigation action.
The authority of a chief executive officer of a political subdivision or county sheriff to exercise jurisdiction over federally managed land in the state that is encompassed by or adjacent to the political subdivision includes the following:
(1) if the action or inaction of a federal agency related to federally managed land adversely affects or constitutes an imminent threat to the health, safety, or welfare of the people of the political subdivision, the chief executive officer or county sheriff may provide written notice to the federal agency, which notice shall:
(a) be delivered to the federal agency by hand or by certified mail and a copy provided by certified mail to the governor, the state attorney general, and the state's Congressional delegation;
(b) include a detailed explanation of how the action or inaction of the federal agency related to federally managed land adversely affects or constitutes an imminent threat to the health, safety, or welfare of the people of the political subdivision;
(c) include a detailed description of the action the federal agency should take to mitigate the risk to the health, safety, or welfare of the people of the political subdivision; and
(d) provide a specific date by which time the federal agency should respond to the notice; and
(2) if after receiving notice as described in Subsection (1)(a), the federal agency does not respond by the date requested in the notice, or otherwise indicates that it is unwilling to take action to mitigate the risk to the health, safety, or welfare of the people of the political subdivision described in the notice, the chief executive officer or county sheriff may take action to mitigate the risk to the health, safety, or welfare of the people of the political subdivision.
Enacted by Chapter 342, 2013 General Session
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