The Division of Forestry, Fire & State Lands (“FFSL”) is providing Notice of the proposed rulemaking for mineral extraction on the Great Salt Lake, specifically Lithium extraction.
FFSL is the management authority for sovereign lands and is entitled to receive royalties from mineral
extraction on those lands. Utah Code § 65A-10-1(1).
House Bill 513, now codified as amended Utah Code § 65A-6-4, addresses mineral leases and royalty agreements related to Great Salt Lake, provides for royalties for certain elements and minerals, modifies FFSL’s management responsibilities for Great Salt Lake, establishes emergency management responsibilities and powers, and addresses force majeure. Utah Code § 65A-6-4(6)(a) directs FFSL to make rules to establish a royalty rate and calculation methodology for any nominated Great Salt Lake element or mineral. FFSL is required to make such rules in a way which provides for a full and fair return to the state, among other things. Further, the Legislature directed FFSL to make rules to establish the procedures the agency shall follow when it takes an action under Emergency Trigger conditions, as described in Utah Code § 65A-10-204.