2012 Utah Code
Title 4 - Utah Agricultural Code
Article 2 - Department - State Chemist - Enforcement
Section 8.7 - Invasive Species Mitigation Account created.

(1) As used in this section, "project" means an undertaking that:

(a) rehabilitates an area that:

(i) is infested with an invasive species; or

(ii) has a fuel load that may contribute to a catastrophic wildland fire; or

(b) prevents catastrophic wildland fire through land restoration in a watershed that:

(i) is impacted by an invasive species; or

(ii) has a fuel load that may contribute to a catastrophic wildland fire.

(2) (a) There is created a restricted account within the General Fund known as the "Invasive Species Mitigation Account."

(b) The restricted account shall consist of:

(i) money appropriated by the Legislature;

(ii) grants from the federal government; and

(iii) grants or donations from a person.

(3) (a) After consulting with the Department of Natural Resources and the Conservation Commission, the department may expend money in the restricted account:

(i) on a project implemented by:

(A) the department; or

(B) the Conservation Commission; or

(ii) by giving a grant for a project to:

(A) a state agency;

(B) a federal agency;

(C) a federal, state, tribal, or private landowner; or

(D) a political subdivision.

(b) The department may use up to 10% of restricted account funds expended under Subsection (3)(a)(i) on:

(i) department administration; or

(ii) project planning, monitoring, and implementation expenses.

(c) A federal landowner that receives restricted account funds for a project shall match the funds received from the restricted account with an amount that is equal to or greater than the amount received from the restricted account.

(4) In giving a grant, the department shall consider the effectiveness of a project in preventing at least one of the following:

(a) encroachment of an invasive species;

(b) soil erosion;

(c) flooding;

(d) the risk of catastrophic wildfire; or

(e) damage to habitat for wildlife or livestock.

Amended by Chapter 461, 2013 General Session