R940. Transportation Commission, Administration.R940-5. Approval of Highway Facilities on Sovereign Lands.
R940-5-1. Authority.
This rule is required and authorized by Section 72-6-303.
R940-5-2. Purpose.
(1) This rule establishes minimum guidelines for the Commission to consider when reviewing a proposed plan to construct a highway facility over sovereign lakebed lands as part of an application to lease sovereign land through the Division of Forestry, Fire and State Lands of the Department of Natural Resources, as provided in Section 65A-7-5.
(2) When considering a proposal to construct a highway facility over sovereign lakebed lands, the Commission must safeguard the public interest by thoroughly evaluating the financial viability of the project to ensure:
(a) the project can be constructed and completed as proposed;
(b) the project can be completed within the proposed time frame;
(c) the long-term viability and operability of the project by the proposer; and
(d) the facility meets current engineering standards for safety, design, construction, operation, and maintenance.
(3) Commission approval of a plan to construct a highway facility over sovereign lakebed lands does not constitute approval of an application to lease state lands by the Division of Forestry, Fire and State Lands as provided under Section 65A-7-5. Issuance of surface leases of state lands is determined separately under a process determined by the Division of Forestry, Fire and State Lands as provided under state law and administrative rule.
R940-5-3. Definitions.
Except as otherwise stated in this rule, terms used in this rule are defined in Section 72-6-302. In addition, the following terms are defined for this rule.
(1) "Commission" means the Utah Transportation Commission, created in Section 72-1-301.
(2) "Department" means the Utah Department of Transportation, created in Section 72-1-101.
(3) "Application" means a proposed plan submitted by a private entity to the Commission for approval to construct a highway facility over sovereign lakebed lands.
(4) "Proposer" means the private entity that applies to the Commission.
R940-5-4. Submission of Proposed Plan and Application.
(1) The Commission may utilize the resources of the Department in receiving, reviewing, and evaluating an unsolicited proposal related to sovereign lakebed lands.
(2) The Commission may accept delivery by the Department of an application, including a proposed plan to construct a highway facility over sovereign land through the Division of Forestry, Fire and State Lands.
(3) In addition to the requirements of Section 72-6-303 and this rule, the requirements outlined in Rule R926-16 Unsolicited Proposals for Transportation Infrastructure Public-Private Partnerships, will also apply if the application is related to an unsolicited proposal.
R940-5-5. Review of the Qualifications and Financial Resources of the Proposer.
(1) An application must include specific qualifications and details, including the requirements outlined in Subsection 72-6-303(3) in addition to requirements outlined in Rule R926-16 Unsolicited Proposals for Transportation Infrastructure Public-Private Partnerships.
(2) The Department will review each application to ensure compliance with Subsection 72-6-303(3) and Section 63G-6a-712 in addition to requirements outlined in Rule R926-16.
(3) As part of the review of a proposed plan to construct a highway facility over sovereign lakebed lands, the Department and Commission will consider the public interest to ensure the proposed plan is feasible, financially viable, and that the facility is safe by meeting current engineering standards.
(4) The Commission may require or permit the proposer to submit revisions or clarifications or supplement the application during the review process.
(5) The Commission shall consider recommendations made by the Department, including whether the highway construction plan contained within the application meets engineering and design standards outlined in an agreement entered into by the Department and the Proposer.
(6) The Commission may, in its sole discretion, refuse to review an application if the proposal fails to meet the guidelines established in Section 72-6-303 and this rule.
R940-5-6. Approval of Proposed Plan.
(1) The Commission shall not approve an application until the Department has conducted its review and evaluation and presented its recommendation to the Commission, and the proposer has agreed with the Department as required in Section 72-6-303.
(2) If the Commission approves an application:
(a) it will give a notice to the proposer;
(b) it will post the notice on the Department's website; and
