Section 305 – Fees, charges, and commissions.

• (1) The director may establish reasonable filing and service fees with respect to applications and other documents relating to the public land, in accordance with Section 63J-1-504.

• (2) The director is authorized to require a deposit of any payments intended to reimburse the state for reasonable costs with respect to applications and other documents relating to such land.

• (3) The money received under this subsection shall be:
  • (a) deposited in the Public Land Management Fund created in Section 63L-8-308; and
  • (b) authorized to be appropriated and made available until expended.

• (4)
  • (a) As used in this section “reasonable costs” include:
    • (i) the costs of special studies;
    • (ii) environmental reviews;
    • (iii) monitoring construction, operation, maintenance, and termination of any authorized facility; or
    • (iv) other special activities.
  • (b) In determining whether costs are reasonable, the director may take into consideration:
    • (i) actual costs, exclusive of management overhead;
    • (ii) the monetary value of the rights or privileges sought by the applicant;
    • (iii) the efficiency of the government processing involved;
    • (iv) that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant;
    • (v) the public service provided; and
    • (vi) other factors relevant to determining the reasonableness of the costs.

Enacted by Chapter 317, 2016 General Session