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uca_title_53C.txt
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uca_title_53C.txt
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Utah Code Annotated - Title 53C - School and Institutional Trust Lands Management Act
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Utah Code Annotated - Title 53C - Chapter 1 - Administration
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Utah Code Annotated § 53C-1-101 Title.
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This title is known as the "School and Institutional Trust Lands Management Act."
Utah Code Annotated § 53C-1-102 Purpose.
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Utah Code Annotated § 53C-1-102(1):
Utah Code Annotated § 53C-1-102(1)(a): The purpose of this title is to establish an administration and board to manage lands that Congress granted to the state for the support of common schools and other beneficiary institutions, under the Utah Enabling Act.
Utah Code Annotated § 53C-1-102(1)(b): This grant was expressly accepted in the Utah Constitution, thereby creating a compact between the federal and state governments which imposes upon the state a perpetual trust obligation to which standard trust principles are applied.
Utah Code Annotated § 53C-1-102(1)(c): Title to these trust lands is vested in the state as trustee to be administered for the financial support of the trust beneficiaries.
Utah Code Annotated § 53C-1-102(2):
Utah Code Annotated § 53C-1-102(2)(a): The trust principles referred to in Subsection (1) impose fiduciary duties upon the state, including a duty of undivided loyalty to, and a strict requirement to administer the trust corpus for the exclusive benefit of, the trust beneficiaries.
Utah Code Annotated § 53C-1-102(2)(b): As trustee, the state shall manage the lands and revenues generated from the lands in the most prudent and profitable manner possible, and not for any purpose inconsistent with the best interests of the trust beneficiaries.
Utah Code Annotated § 53C-1-102(2)(c): The trustee shall be concerned with both income for the current beneficiaries and the preservation of trust assets for future beneficiaries, which requires a balancing of short and long-term interests so that long-term benefits are not lost in an effort to maximize short-term gains.
Utah Code Annotated § 53C-1-102(2)(d): The beneficiaries do not include other governmental institutions or agencies, the public at large, or the general welfare of this state.
Utah Code Annotated § 53C-1-102(3): This title shall be liberally construed to enable the board of trustees, the director, and the administration to faithfully fulfill the state's obligations to the trust beneficiaries.
Utah Code Annotated § 53C-1-103 Definitions.
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As used in this title:Utah Code Annotated § 53C-1-103(1): "Administration" means the School and Institutional Trust Lands Administration.
Utah Code Annotated § 53C-1-103(2): "Board" or "board of trustees" means the School and Institutional Trust Lands Board of Trustees.
Utah Code Annotated § 53C-1-103(3): "Director" or "director of school and institutional trust lands" means the chief executive officer of the School and Institutional Trust Lands Administration.
Utah Code Annotated § 53C-1-103(4): "Mineral" includes oil, gas, and hydrocarbons.
Utah Code Annotated § 53C-1-103(5): "Nominating committee" means the committee that nominates candidates for positions and vacancies on the board.
Utah Code Annotated § 53C-1-103(6): "Policies" means statements applying to the administration that broadly prescribe a future course of action and guiding principles.
Utah Code Annotated § 53C-1-103(7): 53D-2-201 "Primary beneficiary representative" means the the Land Trusts Protection and Advocacy Office, created in Section
Utah Code Annotated § 53C-1-103(7)(a): the trust established for common schools;
Utah Code Annotated § 53C-1-103(7)(b): the trust established for schools for the blind; and
Utah Code Annotated § 53C-1-103(7)(c): the trust established for schools for the deaf.
Utah Code Annotated § 53C-1-103(8): "School and institutional trust lands" or "trust lands" means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
Utah Code Annotated § 53C-1-103(8)(a): the state's public education system; or
Utah Code Annotated § 53C-1-103(8)(b): the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands.
Utah Code Annotated § 53C-1-201 Creation of administration -- Purpose -- Director -- Participation in Risk Management Fund -- Closed meetings.
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Utah Code Annotated § 53C-1-201(1): Title 53C, Chapter 3, Deposit and Allocation of Revenue from Trust Lands; Title 53D, Chapter 1, School and Institutional Trust Fund Management Act
Utah Code Annotated § 53C-1-201(1)(a): There is established within state government the School and Institutional Trust Lands Administration.
Utah Code Annotated § 53C-1-201(1)(b): Title 53C, Chapter 3, Deposit and Allocation of Revenue from Trust Lands; Title 53D, Chapter 1, School and Institutional Trust Fund Management Act The administration shall manage all school and institutional trust lands and assets within the state, except as otherwise provided in
Utah Code Annotated § 53C-1-201(2): The administration is an independent state agency and not a division of any other department.
Utah Code Annotated § 53C-1-201(3): (3); 63G-2-305; Title 63G, Chapter 2, Government Records Access and Management Act; 63G-2-403; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 63G-3-301(5); (6); (7); (13); 63G-3-601; 63G-3-301; 63G-3-301(10); Title 63A, Chapter 17, Utah State Personnel Management Act; (3)(d); 63A-17-301(1); 63A-17-307(2); (3)(d)(ii)(A); 53C-1-305; 63A-17-301(1); 63A-17-307(2); (8); Title 52, Chapter 4, Open and Public Meetings Act; Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 6a, Utah Procurement Code; Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (3)(f)(ii); 63J-1-504; 63J-1-504; 63J-1-206(2)(c)
Utah Code Annotated § 53C-1-201(3)(a): (3) The administration is subject to the usual legislative and executive department controls except as provided in this Subsection
Utah Code Annotated § 53C-1-201(3)(b): 63G-2-305; Title 63G, Chapter 2, Government Records Access and Management Act; 63G-2-403
Utah Code Annotated § 53C-1-201(3)(b)(i): 63G-2-305 The director may make rules as approved by the board that allow the administration to classify a business proposal submitted to the administration as protected under Section
Utah Code Annotated § 53C-1-201(3)(b)(ii): Title 63G, Chapter 2, Government Records Access and Management Act The administration shall return the proposal to the party who submitted the proposal, and incur no further duties under
Utah Code Annotated § 53C-1-201(3)(b)(iii): The administration shall classify the proposal pursuant to law if the administration decides to proceed with the proposal.
Utah Code Annotated § 53C-1-201(3)(b)(iv): 63G-2-403 Section
Utah Code Annotated § 53C-1-201(3)(c): Title 63G, Chapter 3, Utah Administrative Rulemaking Act; 63G-3-301(5); (6); (7); (13); 63G-3-601; 63G-3-301; 63G-3-301(10) The director shall make rules in compliance with
Utah Code Annotated § 53C-1-201(3)(c)(i): the changes in business opportunities affecting the assets of the trust;
Utah Code Annotated § 53C-1-201(3)(c)(ii): the specific business opportunity arising out of those changes which may be lost without the rule or changes to the rule;
Utah Code Annotated § 53C-1-201(3)(c)(iii): 63G-3-301 the reasons the normal procedures under Section
Utah Code Annotated § 53C-1-201(3)(c)(iv): approval by at least five board members; and
Utah Code Annotated § 53C-1-201(3)(c)(v): 63G-3-301(10) that the director has filed a copy of the rule and a rule analysis, stating the specific reasons and justifications for the director's findings, with the Office of Administrative Rules and notified interested parties as provided in Subsection
Utah Code Annotated § 53C-1-201(3)(d): Title 63A, Chapter 17, Utah State Personnel Management Act; (3)(d); 63A-17-301(1); 63A-17-307(2); (3)(d)(ii)(A); 53C-1-305; 63A-17-301(1); 63A-17-307(2)
Utah Code Annotated § 53C-1-201(3)(d)(i): Title 63A, Chapter 17, Utah State Personnel Management Act; (3)(d) The administration shall comply with
Utah Code Annotated § 53C-1-201(3)(d)(ii): 63A-17-301(1); 63A-17-307(2); (3)(d)(ii)(A)
Utah Code Annotated § 53C-1-201(3)(d)(ii)(A): 63A-17-301(1); 63A-17-307(2) The board may approve, upon recommendation of the director, that exemption for specific positions under Subsections
Utah Code Annotated § 53C-1-201(3)(d)(ii)(B): (3)(d)(ii)(A) The director shall consult with the director of the Division of Human Resource Management before making a recommendation under Subsection
Utah Code Annotated § 53C-1-201(3)(d)(iii): 53C-1-305; 63A-17-301(1); 63A-17-307(2) The positions of director, deputy director, associate director, assistant director, legal counsel appointed under Section
Utah Code Annotated § 53C-1-201(3)(d)(iv):
Utah Code Annotated § 53C-1-201(3)(d)(iv)(A): The director shall set salaries for exempted positions, except for the director, after consultation with the director of the Division of Human Resource Management, within ranges approved by the board.
Utah Code Annotated § 53C-1-201(3)(d)(iv)(B): The board and director shall consider salaries for similar positions in private enterprise and other public employment when setting salary ranges.
Utah Code Annotated § 53C-1-201(3)(d)(v): The board may create an annual incentive and bonus plan for the director and other administration employees designated by the board, based upon the attainment of financial performance goals and other measurable criteria defined and budgeted in advance by the board.
Utah Code Annotated § 53C-1-201(3)(e): (8); Title 52, Chapter 4, Open and Public Meetings Act; Title 63G, Chapter 2, Government Records Access and Management Act; Title 63G, Chapter 6a, Utah Procurement Code; Title 63G, Chapter 3, Utah Administrative Rulemaking Act The administration shall comply with:
Utah Code Annotated § 53C-1-201(3)(e)(i): (8); Title 52, Chapter 4, Open and Public Meetings Act subject to Subsection
Utah Code Annotated § 53C-1-201(3)(e)(ii): Title 63G, Chapter 2, Government Records Access and Management Act
Utah Code Annotated § 53C-1-201(3)(e)(iii): Title 63G, Chapter 6a, Utah Procurement Code; Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 53C-1-201(3)(f): (3)(f)(ii); 63J-1-504; 63J-1-504
Utah Code Annotated § 53C-1-201(3)(f)(i): (3)(f)(ii); 63J-1-504 Except as provided in Subsection
Utah Code Annotated § 53C-1-201(3)(f)(ii): 63J-1-504 The following fees of the administration are subject to Section
Utah Code Annotated § 53C-1-201(3)(f)(ii)(A): application;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(B): assignment;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(C): amendment;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(D): affidavit for lost documents;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(E): name change;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(F): reinstatement;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(G): grazing nonuse;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(H): extension of time;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(I): partial conveyance;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(J): patent reissue;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(K): collateral assignment;
Utah Code Annotated § 53C-1-201(3)(f)(ii)(L): electronic payment; and
Utah Code Annotated § 53C-1-201(3)(f)(ii)(M): processing.
Utah Code Annotated § 53C-1-201(3)(g): 63J-1-206(2)(c)
Utah Code Annotated § 53C-1-201(3)(g)(i): 63J-1-206(2)(c) Notwithstanding Subsection
Utah Code Annotated § 53C-1-201(3)(g)(ii): Before transferring appropriated money between line items, the administration shall submit a proposal to the board for the board's approval.
Utah Code Annotated § 53C-1-201(3)(g)(iii): If the board gives approval to a proposal to transfer appropriated money between line items, the administration shall submit the proposal to the Legislative Executive Appropriations Committee for the Legislative Executive Appropriations Committee's review and recommendations.
Utah Code Annotated § 53C-1-201(3)(g)(iv): The Legislative Executive Appropriations Committee may recommend:
Utah Code Annotated § 53C-1-201(3)(g)(iv)(A): that the administration transfer the appropriated money between line items;
Utah Code Annotated § 53C-1-201(3)(g)(iv)(B): that the administration not transfer the appropriated money between line items; or
Utah Code Annotated § 53C-1-201(3)(g)(iv)(C): to the governor that the governor call a special session of the Legislature to supplement the appropriated budget for the administration.
Utah Code Annotated § 53C-1-201(4): The administration is managed by a director of school and institutional trust lands appointed by a majority vote of the board of trustees with the consent of the governor.
Utah Code Annotated § 53C-1-201(5): Title 9, Chapter 9, Part 4, Native American Grave Protection and Repatriation Act; Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 53C-1-201(5)(a): The board of trustees shall provide policies for the management of the administration and for the management of trust lands and assets.
Utah Code Annotated § 53C-1-201(5)(b): Title 9, Chapter 9, Part 4, Native American Grave Protection and Repatriation Act; Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Utah Code Annotated § 53C-1-201(5)(b)(i): Title 9, Chapter 9, Part 4, Native American Grave Protection and Repatriation Act The board shall provide policies for the ownership and control of Native American remains that are discovered or excavated on school and institutional trust lands in consultation with the Division of Indian Affairs and giving due consideration to
Utah Code Annotated § 53C-1-201(5)(b)(ii): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The director may make rules in accordance with
Utah Code Annotated § 53C-1-201(6): 53C-1-303; 53C-2-401; Title 48, Chapter 3a, Utah Revised Uniform Limited Liability Company Act; 48-3a-1405; 48-3a-102 In connection with joint ventures and other transactions involving trust lands and minerals approved under Sections
Utah Code Annotated § 53C-1-201(7): 63E-1-304(2); 63A-4-201 Subject to Subsection
Utah Code Annotated § 53C-1-201(8): (3); 52-4-204(2); 52-4-205(1); 52-4-205; 53C-1-303(3)(e); Title 52, Chapter 4, Open and Public Meetings Act
Utah Code Annotated § 53C-1-201(8)(a): (3); 52-4-204(2); 52-4-205(1); 52-4-205; 53C-1-303(3)(e) Notwithstanding Subsection
Utah Code Annotated § 53C-1-201(8)(a)(i): conducting a strategy session to discuss market conditions relevant to the sale of particular trust assets if the terms of the sale of any trust assets are publicly disclosed before the board approves the sale and a public discussion would:
Utah Code Annotated § 53C-1-201(8)(a)(i)(A): disclose the appraisal or estimated value of the trust assets under consideration; or
Utah Code Annotated § 53C-1-201(8)(a)(i)(B): prevent the board from completing a contemplated transaction concerning the trust assets on the best possible terms; or
Utah Code Annotated § 53C-1-201(8)(a)(ii): 53C-1-303(3)(e) conducting a strategy session to evaluate the terms of a joint venture or other business arrangement authorized under Subsection
Utah Code Annotated § 53C-1-201(8)(a)(ii)(A): disclose the appraisal or estimated value of the trust assets under consideration; or
Utah Code Annotated § 53C-1-201(8)(a)(ii)(B): prevent the board from completing the transaction concerning the joint venture or other business arrangement on the best possible terms.
Utah Code Annotated § 53C-1-201(8)(b): Title 52, Chapter 4, Open and Public Meetings Act The board shall comply with the procedural requirements for closing a meeting under
Utah Code Annotated § 53C-1-202 Board of trustees membership -- Nomination list -- Qualifications -- Terms -- Replacement -- Chair -- Quorum -- Annual conflict of interest disclosure statement -- Penalties.
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Utah Code Annotated § 53C-1-202(1): There is established the School and Institutional Trust Lands Board of Trustees.
Utah Code Annotated § 53C-1-202(2): The board shall consist of seven members appointed on a nonpartisan basis by the governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
Utah Code Annotated § 53C-1-202(3):
Utah Code Annotated § 53C-1-202(3)(a): Except for the appointment made pursuant to Subsection (5), all appointments to the board shall be for a nonconsecutive term of six years, or until a replacement has been appointed and confirmed pursuant to this section.
Utah Code Annotated § 53C-1-202(3)(b): If a vacancy occurs, the governor shall appoint a replacement, following the procedures set forth in Subsections (2), (4), (5), and (6), to fill the unexpired term.
Utah Code Annotated § 53C-1-202(3)(c): Any member of the board who has served less than six years upon the expiration of that member's term is eligible for a consecutive reappointment.
Utah Code Annotated § 53C-1-202(4): 53C-1-203
Utah Code Annotated § 53C-1-202(4)(a): 53C-1-203 The governor shall select six of the seven appointees to the board from a nomination list of at least two candidates for each position or vacancy submitted pursuant to Section
Utah Code Annotated § 53C-1-202(4)(b): The governor may request an additional nomination list of at least two candidates from the nominating committee if the initial list of candidates for a given position is unacceptable.
Utah Code Annotated § 53C-1-202(4)(c):
Utah Code Annotated § 53C-1-202(4)(c)(i): If the governor fails to select an appointee within 60 days after receipt of the initial list or within 60 days after the receipt of an additional list, the nominating committee shall make an interim appointment by majority vote.
Utah Code Annotated § 53C-1-202(4)(c)(ii): The interim appointee shall serve until the matter is resolved by the committee and the governor or until replaced pursuant to this chapter.
Utah Code Annotated § 53C-1-202(5):
Utah Code Annotated § 53C-1-202(5)(a): The governor may appoint one member without requiring a nomination list.
Utah Code Annotated § 53C-1-202(5)(b): The member appointed under Subsection (5)(a) serves at the pleasure of the governor.
Utah Code Annotated § 53C-1-202(6):
Utah Code Annotated § 53C-1-202(6)(a): Each board candidate shall possess outstanding professional qualifications pertinent to the purposes and activities of the trust.
Utah Code Annotated § 53C-1-202(6)(b): The board shall represent the following areas of expertise:
Utah Code Annotated § 53C-1-202(6)(b)(i): nonrenewable resource management or development;
Utah Code Annotated § 53C-1-202(6)(b)(ii): renewable resource management or development; and
Utah Code Annotated § 53C-1-202(6)(b)(iii): real estate.
Utah Code Annotated § 53C-1-202(6)(c): Other qualifications which are pertinent for membership to the board are expertise in any of the following areas:
Utah Code Annotated § 53C-1-202(6)(c)(i): business;
Utah Code Annotated § 53C-1-202(6)(c)(ii): investment banking;
Utah Code Annotated § 53C-1-202(6)(c)(iii): finance;
Utah Code Annotated § 53C-1-202(6)(c)(iv): trust administration;
Utah Code Annotated § 53C-1-202(6)(c)(v): asset management; and
Utah Code Annotated § 53C-1-202(6)(c)(vi): the practice of law in any of the areas referred to in Subsections (6)(b) and (6)(c)(i) through (v).
Utah Code Annotated § 53C-1-202(7): The board of trustees shall select a chair and vice chair from its membership.
Utah Code Annotated § 53C-1-202(8): Before assuming a position on the board, each member shall take an oath of office.
Utah Code Annotated § 53C-1-202(9): Four members of the board constitute a quorum for the transaction of business.
Utah Code Annotated § 53C-1-202(10): The governor or five board members may, for cause, remove a member of the board.
Utah Code Annotated § 53C-1-202(11): 20A-11-1604 A member of the board shall:
Utah Code Annotated § 53C-1-202(11)(a): comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest; and
Utah Code Annotated § 53C-1-202(11)(b): 20A-11-1604 no sooner than January 1 and no later than January 31 of each year during which the member holds office on the board:
Utah Code Annotated § 53C-1-202(11)(b)(i): 20A-11-1604 prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection
Utah Code Annotated § 53C-1-202(11)(b)(ii): submit the written disclosure statement to the administrator or clerk of the board.
Utah Code Annotated § 53C-1-202(12):
Utah Code Annotated § 53C-1-202(12)(a): No later than 10 business days after the date on which the board member submits the written disclosure statement described in Subsection (11)(b) to the administrator or clerk of the board, the administrator or clerk shall:
Utah Code Annotated § 53C-1-202(12)(a)(i): post an electronic copy of the written disclosure statement on the administration's website; and
Utah Code Annotated § 53C-1-202(12)(a)(ii): provide the lieutenant governor with a link to the electronic posting described in Subsection (12)(a)(i).
Utah Code Annotated § 53C-1-202(12)(b): The administrator or clerk shall ensure that the board member's written disclosure statement remains posted on the administration's website until the board member leaves office.
Utah Code Annotated § 53C-1-202(13): 20A-11-1604 The administrator or clerk of the board shall take the action described in Subsection (14) if:
Utah Code Annotated § 53C-1-202(13)(a): a board member fails to timely file the written disclosure statement described in Subsection (11)(b); or
Utah Code Annotated § 53C-1-202(13)(b): 20A-11-1604 a submitted written disclosure statement does not comply with the requirements of Subsection
Utah Code Annotated § 53C-1-202(14): If a circumstance described in Subsection (13) occurs, the administrator or clerk of the board shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the board member of the violation and direct the board member to submit an amended written disclosure statement correcting the problem.
Utah Code Annotated § 53C-1-202(15):
Utah Code Annotated § 53C-1-202(15)(a): It is unlawful for a board member to fail to submit or amend a written disclosure statement within seven days after the day on which the board member receives the notice described in Subsection (14).
Utah Code Annotated § 53C-1-202(15)(b): A board member who violates Subsection (15)(a) is guilty of a class B misdemeanor.
Utah Code Annotated § 53C-1-202(15)(c): The administrator or clerk of the board shall report a violation of Subsection (15)(a) to the attorney general.
Utah Code Annotated § 53C-1-202(15)(d): In addition to the criminal penalty described in Subsection (15)(b), the administrator or clerk of the board shall impose a civil fine of $100 against a board member who violates Subsection (15)(a).
Utah Code Annotated § 53C-1-202(16): The administrator or clerk of the board shall deposit a fine collected under this section into the board's account to pay for the costs of administering this section.
Utah Code Annotated § 53C-1-203 Board of trustees nominating committee -- Composition -- Responsibilities -- Per diem and expenses.
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Utah Code Annotated § 53C-1-203(1): There is established an 11 member board of trustees nominating committee.
Utah Code Annotated § 53C-1-203(2): 53D-2-202
Utah Code Annotated § 53C-1-203(2)(a): 53D-2-202
Utah Code Annotated § 53C-1-203(2)(a)(i): Through July 30, 2018, the State Board of Education shall appoint five members to the nominating committee from different geographical areas of the state.
Utah Code Annotated § 53C-1-203(2)(a)(ii): 53D-2-202 Beginning on August 1, 2018, the five members of the Land Trusts Protection and Advocacy Committee, created in Section
Utah Code Annotated § 53C-1-203(2)(b): The governor shall appoint five members to the nominating committee on or before the December 1 of the year preceding the vacancy on the nominating committee as follows:
Utah Code Annotated § 53C-1-203(2)(b)(i):
Utah Code Annotated § 53C-1-203(2)(b)(i)(A): through July 30, 2018, one individual from a nomination list of at least two names of individuals knowledgeable about institutional trust lands submitted on or before the October 1 of the year preceding the vacancy on the nominating committee by the University of Utah and Utah State University on an alternating basis every four years; and
Utah Code Annotated § 53C-1-203(2)(b)(i)(B): beginning on August 1, 2018, one individual who is knowledgeable about real estate development;
Utah Code Annotated § 53C-1-203(2)(b)(ii): one individual from a nomination list of at least two names submitted by the Utah Farm Bureau in consultation with the Utah Cattleman's Association and the Utah Wool Growers' Association on or before the October 1 of the year preceding the vacancy on the nominating committee;
Utah Code Annotated § 53C-1-203(2)(b)(iii): one individual from a nomination list of at least two names submitted by the Utah Petroleum Association on or before the October 1 of the year preceding the vacancy on the nominating committee;
Utah Code Annotated § 53C-1-203(2)(b)(iv): one individual from a nomination list of at least two names submitted by the Utah Mining Association on or before the October 1 of the year preceding the vacancy on the nominating committee; and
Utah Code Annotated § 53C-1-203(2)(b)(v): one individual from a nomination list of at least two names submitted by the executive director of the Department of Natural Resources after consultation with statewide wildlife and conservation organizations on or before the October 1 of the year preceding the vacancy on the nominating committee.
Utah Code Annotated § 53C-1-203(2)(c): The president of the Utah Association of Counties shall designate the chair of the Public Lands Steering Committee, who must be an elected county commissioner or councilor, to serve as the eleventh member of the nominating committee.
Utah Code Annotated § 53C-1-203(3): (3)(b); (d); (2)(a)(i); (2)(b)(i)(A)
Utah Code Annotated § 53C-1-203(3)(a): (3)(b); (d) Except as required by Subsections
Utah Code Annotated § 53C-1-203(3)(b): The governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
Utah Code Annotated § 53C-1-203(3)(c): When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
Utah Code Annotated § 53C-1-203(3)(d): (2)(a)(i); (2)(b)(i)(A) The term of a member of the nominating committee who is appointed under Subsection
Utah Code Annotated § 53C-1-203(4): The nominating committee shall select a chair and vice chair from its membership by majority vote.
Utah Code Annotated § 53C-1-203(5): 53C-1-202(5)
Utah Code Annotated § 53C-1-203(5)(a): 53C-1-202(5) The nominating committee shall nominate at least two candidates for each position or vacancy which occurs on the board of trustees except for the governor's appointee under Subsection
Utah Code Annotated § 53C-1-203(5)(b): The nominations shall be by majority vote of the committee.
Utah Code Annotated § 53C-1-203(6): 63A-3-106; 63A-3-107; 63A-3-106; 63A-3-107 A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
Utah Code Annotated § 53C-1-203(6)(a): 63A-3-106 Section
Utah Code Annotated § 53C-1-203(6)(b): 63A-3-107 Section
Utah Code Annotated § 53C-1-203(6)(c): 63A-3-106; 63A-3-107 rules made by the Division of Finance pursuant to Sections
Utah Code Annotated § 53C-1-203(7): 53D-2-201 The Land Trusts Protection and Advocacy Office, created in Section
Utah Code Annotated § 53C-1-204 Policies established by board -- Director.
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Utah Code Annotated § 53C-1-204(1):
Utah Code Annotated § 53C-1-204(1)(a): The board shall establish policies for the management of the School and Institutional Trust Lands Administration.
Utah Code Annotated § 53C-1-204(1)(b): The policies shall:
Utah Code Annotated § 53C-1-204(1)(b)(i): be consistent with the Utah Enabling Act, the Utah Constitution, and state law;
Utah Code Annotated § 53C-1-204(1)(b)(ii): reflect undivided loyalty to the beneficiaries consistent with fiduciary duties;
Utah Code Annotated § 53C-1-204(1)(b)(iii): require the return of not less than fair market value for the use, sale, or exchange of school and institutional trust assets;
Utah Code Annotated § 53C-1-204(1)(b)(iv): seek to optimize trust land revenues and increase the value of trust land holdings consistent with the balancing of short and long-term interests, so that long-term benefits are not lost in an effort to maximize short-term gains;
Utah Code Annotated § 53C-1-204(1)(b)(v): maintain the integrity of the trust and prevent the misapplication of its lands and its revenues; and
Utah Code Annotated § 53C-1-204(1)(b)(vi): have regard for and seek General Fund appropriation compensation for the general public's use of natural and cultural resources consistent with the duties of the administration as trustee for the beneficiaries.
Utah Code Annotated § 53C-1-204(2): The board shall ensure that the administration is managed according to law.
Utah Code Annotated § 53C-1-204(3): The board shall establish due process procedures governing adjudicative proceedings conducted by the board and the administration.
Utah Code Annotated § 53C-1-204(4): The board and the director shall recommend to the governor and the Legislature any necessary or desirable changes in statutes relating to the trust or their trust responsibilities.
Utah Code Annotated § 53C-1-204(5): The board shall develop policies for the long-term benefit of the trust utilizing the broad discretion and power granted to it in this title.
Utah Code Annotated § 53C-1-204(6):
Utah Code Annotated § 53C-1-204(6)(a):
Utah Code Annotated § 53C-1-204(6)(a)(i): On at least three occasions during each calendar year and in cooperation with the director, the board shall consult with an advisory committee consisting of five county commissioners appointed by the Utah Association of Counties concerning the impact of trust land management practices on rural economies.
Utah Code Annotated § 53C-1-204(6)(a)(ii): The director shall notify the chair of the committee prior to any proposed board actions. At the request of the committee and prior to taking the proposed action, the board shall meet with the committee at the next scheduled board meeting.
Utah Code Annotated § 53C-1-204(6)(b): The association shall appoint the commissioners from five different counties based on such factors as a county's total acreage of trust lands, the revenues generated from trust lands in the county, and the potential for economic development of trust lands within the county.
Utah Code Annotated § 53C-1-204(6)(c): The advisory committee may request additional consultations it considers necessary or appropriate, to be scheduled within a reasonable time after receipt of the request by the administration.
Utah Code Annotated § 53C-1-204(7): 53C-1-305 The board shall utilize the services of the attorney general as provided in Section
Utah Code Annotated § 53C-1-204(8): The board may:
Utah Code Annotated § 53C-1-204(8)(a):
Utah Code Annotated § 53C-1-204(8)(a)(i): establish advisory committees to advise the board, director, or administration on policies affecting the management of the trust, and pay the compensation and travel expenses in accordance with rules adopted by the Division of Finance; and
Utah Code Annotated § 53C-1-204(8)(a)(ii): after conferring with the director, hire consultants to advise the board, director, or administration on issues affecting the management of the trust, and pay compensation to the consultants from money appropriated for that purpose;
Utah Code Annotated § 53C-1-204(8)(b): with the consent of the state risk manager, authorize the director to manage lands or interests in lands held by any other public or private party, if:
Utah Code Annotated § 53C-1-204(8)(b)(i): all management costs are compensated by the parties;
Utah Code Annotated § 53C-1-204(8)(b)(ii): there is a commensurate return to the beneficiaries; and
Utah Code Annotated § 53C-1-204(8)(b)(iii): the additional responsibilities do not detract from the administration's responsibilities and its duty of undivided loyalty to the beneficiaries;
Utah Code Annotated § 53C-1-204(8)(c): issue subpoenas or authorize a hearing officer to issue subpoenas, to compel the attendance of witnesses and the production of documents in adjudicative proceedings authorized by law and administer oaths in the performance of official duties; and
Utah Code Annotated § 53C-1-204(8)(d): submit in writing to the director a request for responses, to be made within a reasonable time, to questions concerning policies and practices affecting the management of the trust.
Utah Code Annotated § 53C-1-204(9): Board members shall be given access to all administration records and personnel consistent with law and as necessary to permit the board to accomplish its responsibilities to ensure that the administration is in full compliance with applicable policies and law.
Utah Code Annotated § 53C-1-301 Director -- Term -- Compensation -- Removal from office.
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Utah Code Annotated § 53C-1-301(1):
Utah Code Annotated § 53C-1-301(1)(a): The board, with the consent of the governor, shall select the director on the basis of outstanding professional qualifications pertinent to the purposes and activities of the trust.
Utah Code Annotated § 53C-1-301(1)(b): If the governor withholds his consent from a candidate agreed upon by the board, he shall give his reasons in writing to the board.
Utah Code Annotated § 53C-1-301(2): The director shall serve a term of four years, or until a successor is selected and qualified.
Utah Code Annotated § 53C-1-301(3): (1) When a vacancy occurs in the office of the director, the vacancy shall be filled pursuant to Subsection
Utah Code Annotated § 53C-1-301(4):
Utah Code Annotated § 53C-1-301(4)(a): The board:
Utah Code Annotated § 53C-1-301(4)(a)(i): shall establish the compensation of the director; and
Utah Code Annotated § 53C-1-301(4)(a)(ii): annually report the director's compensation to the Legislature.
Utah Code Annotated § 53C-1-301(4)(b): The compensation and performance of the director shall be examined each year as part of the board's budget review process.
Utah Code Annotated § 53C-1-301(5):
Utah Code Annotated § 53C-1-301(5)(a): The board may remove the director from office for cause by a majority vote of the board.
Utah Code Annotated § 53C-1-301(5)(b):
Utah Code Annotated § 53C-1-301(5)(b)(i): The governor may petition the board for removal of the director for cause.
Utah Code Annotated § 53C-1-301(5)(b)(ii): The board shall hold a hearing on the governor's petition within 60 days after its receipt.
Utah Code Annotated § 53C-1-301(5)(b)(iii): If after the hearing the board finds by a preponderance of the evidence cause for removal, it shall remove the director from office by a majority vote.
Utah Code Annotated § 53C-1-302 Management of the administration -- Trust responsibilities.
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Utah Code Annotated § 53C-1-302(1): (2)
Utah Code Annotated § 53C-1-302(1)(a): The director has broad authority to:
Utah Code Annotated § 53C-1-302(1)(a)(i): manage the School and Institutional Trust Lands Administration in fulfillment of its purpose;
Utah Code Annotated § 53C-1-302(1)(a)(ii): establish fees, procedures, and rules consistent with general policies prescribed by the board of trustees; and
Utah Code Annotated § 53C-1-302(1)(a)(iii): acquire and dispose of lands and assets in accordance with law.
Utah Code Annotated § 53C-1-302(1)(b): (2) The procedures and rules shall:
Utah Code Annotated § 53C-1-302(1)(b)(i): be consistent with the Utah Enabling Act, the Utah Constitution, and policies of the board;
Utah Code Annotated § 53C-1-302(1)(b)(ii): reflect undivided loyalty to the beneficiaries consistent with the director's fiduciary duties and responsibilities;
Utah Code Annotated § 53C-1-302(1)(b)(iii): (2) subject to Subsection
Utah Code Annotated § 53C-1-302(1)(b)(iv): be broadly construed to grant the board, director, and administration full discretionary authority to manage, maintain, or dispose of trust assets in the manner they consider most favorable to the beneficiaries.
Utah Code Annotated § 53C-1-302(2): The director shall seek to optimize trust land revenues consistent with the balancing of short and long-term interests, so that long-term benefits are not lost in an effort to maximize short-term gains.
Utah Code Annotated § 53C-1-302(3): The director shall maintain the integrity of the trust and prevent, through prudent management, the misapplication of its lands and revenues.
Utah Code Annotated § 53C-1-303 Responsibilities of director -- Budget review -- Legal counsel -- Contract for services.
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Utah Code Annotated § 53C-1-303(1): 53C-1-201; 53C-1-103(7); 53C-1-103(7); 53C-1-305; 53C-1-103(7) In carrying out the policies of the board of trustees and in establishing procedures and rules the director shall:
Utah Code Annotated § 53C-1-303(1)(a): take an oath of office before assuming any duties as the director;
Utah Code Annotated § 53C-1-303(1)(b): adopt procedures and rules necessary for the proper administration of matters entrusted to the director by state law and board policy;
Utah Code Annotated § 53C-1-303(1)(c): submit to the board for its review and concurrence on any rules necessary for the proper management of matters entrusted to the administration;
Utah Code Annotated § 53C-1-303(1)(d): faithfully manage the administration under the policies established by the board;
Utah Code Annotated § 53C-1-303(1)(e): submit to the board for public inspection an annual management budget and financial plan for operations of the administration and, after approval by the board, submit the budget to the governor;
Utah Code Annotated § 53C-1-303(1)(f): direct and control the budget expenditures as finally authorized and appropriated;
Utah Code Annotated § 53C-1-303(1)(g): 53C-1-201 establish job descriptions and employ, within the limitation of the budget, staff necessary to accomplish the purposes of the office subject to Section
Utah Code Annotated § 53C-1-303(1)(h): establish, in accordance with generally accepted principles of fund accounting, a system to identify and account for the assets and vested interests of each beneficiary;
Utah Code Annotated § 53C-1-303(1)(i): 53C-1-103(7) notify the primary beneficiary representative's designee regarding the trusts listed in Subsection
Utah Code Annotated § 53C-1-303(1)(j): 53C-1-103(7) permit the primary beneficiary representative's designee regarding a trust listed in Subsection
Utah Code Annotated § 53C-1-303(1)(k): maintain appropriate records of trust activities to enable auditors appointed by appropriate state agencies or the board to conduct periodic audits of trust activities;
Utah Code Annotated § 53C-1-303(1)(l): 53C-1-305 provide that all leases, contracts, and agreements be submitted to legal counsel for review of compliance with applicable law and fiduciary duties prior to execution and utilize the services of the attorney general as provided in Section
Utah Code Annotated § 53C-1-303(1)(m): keep the board, beneficiaries, governor, Legislature, and the public informed about the work of the director and administration by reporting to the board in a public meeting at least once during each calendar quarter; and
Utah Code Annotated § 53C-1-303(1)(n): 53C-1-103(7) respond in writing within a reasonable time to a request by the board or the primary beneficiary representative's designee regarding a trust listed in Subsection
Utah Code Annotated § 53C-1-303(2): The administration shall be the named party in substitution of the Division of State Lands and Forestry or its predecessor agencies, with respect to all documents affecting trust lands from the effective date of this act.
Utah Code Annotated § 53C-1-303(3): The director may:
Utah Code Annotated § 53C-1-303(3)(a): with the consent of the state risk manager and the board, manage lands or interests in lands held by any other public or private party pursuant to policies established by the board and may make rules to implement these board policies;
Utah Code Annotated § 53C-1-303(3)(b): sue or be sued as the director of school and institutional trust lands;
Utah Code Annotated § 53C-1-303(3)(c): contract with other public agencies for personnel management services;
Utah Code Annotated § 53C-1-303(3)(d): contract with any public or private entity to make improvements to or upon trust lands and to carry out any of the responsibilities of the office, so long as the contract requires strict adherence to trust management principles, applicable law and regulation, and is subject to immediate suspension or termination for cause; and
Utah Code Annotated § 53C-1-303(3)(e): with the approval of the board enter into joint ventures and other business arrangements consistent with the purposes of the trust.
Utah Code Annotated § 53C-1-303(4): 53C-1-304 Any application or bid required for the lease, permitting, or sale of lands in a competitive process or any request for review pursuant to Section
Utah Code Annotated § 53C-1-304 Rules to ensure procedural due process -- Board review of director action -- Judicial review.
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Utah Code Annotated § 53C-1-304(1): The board shall make rules to ensure procedural due process in the resolution of complaints concerning actions by the board, director, or the administration.
Utah Code Annotated § 53C-1-304(2): (2)(b)
Utah Code Annotated § 53C-1-304(2)(a): (2)(b) Except as provided in Subsection
Utah Code Annotated § 53C-1-304(2)(b): Final actions by the director or administration to lease, sell, or exchange specific real property or other trust assets are not subject to administrative review.
Utah Code Annotated § 53C-1-304(3):
Utah Code Annotated § 53C-1-304(3)(a): The board may appoint a qualified hearing examiner for purposes of taking evidence and making recommendations for board action.
Utah Code Annotated § 53C-1-304(3)(b): The board shall consider the recommendations of the examiner in making decisions.
Utah Code Annotated § 53C-1-304(4):
Utah Code Annotated § 53C-1-304(4)(a): The board shall uphold the decision of the director or the administration unless it finds, by a preponderance of the evidence, that the decision violated applicable law, policy, or rules.
Utah Code Annotated § 53C-1-304(4)(b): The board shall base its final actions on findings and conclusions and shall inform the aggrieved party of its right to judicial review.
Utah Code Annotated § 53C-1-304(5): 63G-4-402; 63G-4-403 An aggrieved party to a final action by the board may obtain judicial review of that action under Sections
Utah Code Annotated § 53C-1-305 Attorney general to represent administration.
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Utah Code Annotated § 53C-1-305(1): (3) The attorney general shall:
Utah Code Annotated § 53C-1-305(1)(a): (3) represent the board, director, or administration in any legal action relating to trust lands except as otherwise provided in Subsection
Utah Code Annotated § 53C-1-305(1)(b): review leases, contracts, and agreements submitted for review prior to execution; and
Utah Code Annotated § 53C-1-305(1)(c): undertake suits for the collection of royalties, rental, and other damages in the name of the state.
Utah Code Annotated § 53C-1-305(2): The attorney general may institute actions against any party to enforce this title or to protect the interests of the trust beneficiaries.
Utah Code Annotated § 53C-1-305(3): (1); (2) The administration may, with the consent of the attorney general, employ in house legal counsel to perform the duties of the attorney general under Subsections
Utah Code Annotated § 53C-1-305(4): In those instances where the interests of the trust beneficiaries conflict with those of state officers or executive department agencies for which the attorney general acts as legal advisor under Utah Constitution Article VII, Section 16, the board may, with the consent of the attorney general, employ independent counsel to represent and protect those interests.
Utah Code Annotated § 53C-1-306 Board and administration subject to Public Officers' and Employees' Ethics Act.
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Utah Code Annotated § 53C-1-306(1): Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act Board members, the director, employees, and agents of the administration are subject to the requirements of
Utah Code Annotated § 53C-1-306(2): A board member, the director, or an employee of the administration may not directly or indirectly acquire any interest in trust lands or receive any direct benefit from any transaction dealing with trust lands, except as provided by law and after providing notice to the board, director, attorney general, and the governor.
Utah Code Annotated - Title 53C - Chapter 2 - Activities on Trust Lands
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Utah Code Annotated § 53C-2-101 Central index -- Administration to maintain central index of trust lands -- Availability to public.
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Utah Code Annotated § 53C-2-101(1): The administration shall maintain a central index of all trust lands, including interests therein, and shall make that index available to the public.
Utah Code Annotated § 53C-2-101(2): The index shall include the following information:
Utah Code Annotated § 53C-2-101(2)(a): legal description of the land;
Utah Code Annotated § 53C-2-101(2)(b): when and from whom the land was acquired;
Utah Code Annotated § 53C-2-101(2)(c): where the abstracts, deeds, or other indicia of interest in the property may be found;
Utah Code Annotated § 53C-2-101(2)(d): name of any party holding an interest in the land;
Utah Code Annotated § 53C-2-101(2)(e): name of the grantor; and
Utah Code Annotated § 53C-2-101(2)(f): nature of the trust's interest in the land.
Utah Code Annotated § 53C-2-102 Information to be furnished by provider -- Director to adopt confidential information rules.
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Utah Code Annotated § 53C-2-102(1): As used in this section, "provider" means a prospective applicant, applicant, partner, or lessee.
Utah Code Annotated § 53C-2-102(2):
Utah Code Annotated § 53C-2-102(2)(a): The administration may require a provider to furnish any information necessary to carry out the duties of this title, including financial information, geological and mine maps, well logs, and assays.
Utah Code Annotated § 53C-2-102(2)(b): Any information submitted to the administration which the provider and the director agree in writing is of a proprietary nature shall be kept confidential and may not be released without written permission from the provider.
Utah Code Annotated § 53C-2-102(3): (2) The director shall adopt rules under which the administration may retain, without disclosure to third parties, information including that received under Subsection
Utah Code Annotated § 53C-2-103 Director's authority to examine records and inspect property.
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For the purpose of determining compliance with any rule or any performance or payment obligation under a lease, permit, or contract, the director may, at reasonable times, places, and intervals:Utah Code Annotated § 53C-2-103(1): require that the lessee, permittee, or contractor provide any pertinent books, records, or other documents of the lessee, permittee, or contractor; and
Utah Code Annotated § 53C-2-103(2): inspect the property acquired, used, or developed under the lease, permit, or contract after reasonable notice or as provided in the lease, permit, or contract.
Utah Code Annotated § 53C-2-104 Preexisting federal mining claims on trust lands -- Filing of notice -- Conclusive evidence of abandonment.
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Utah Code Annotated § 53C-2-104(1): The Legislature recognizes the importance of having an effective state filing system for unpatented federal mining claims located on trust lands prior to the state's acquisition of title that would allow the state to determine the extent of preexisting unpatented mining claims on those lands and eliminate the cloud on the state's title created by abandoned unpatented mining claims, while preserving the rights of owners of valid preexisting unpatented mining claims located on those lands.
Utah Code Annotated § 53C-2-104(2): (3) Annually on or before December 31, each owner of an unpatented lode mining claim, placer mining claim, mill site claim, or tunnel site claim located pursuant to the general mining laws of the United States on lands now owned of record by the state in trust for the common schools or other beneficiary institutions shall file with the administration a notice as prescribed by Subsection
Utah Code Annotated § 53C-2-104(3): (2); (2)
Utah Code Annotated § 53C-2-104(3)(a): (2) The initial notice required by Subsection
Utah Code Annotated § 53C-2-104(3)(a)(i): a statement of the owner's intention to hold or abandon the claim;
Utah Code Annotated § 53C-2-104(3)(a)(ii): a brief description of the type and nature of the claim;
Utah Code Annotated § 53C-2-104(3)(a)(iii): the date the claim was located, and the date the claim was filed of record in county and federal records;
Utah Code Annotated § 53C-2-104(3)(a)(iv): a copy of the official record of the notice of location or certificate of location of the claim; and
Utah Code Annotated § 53C-2-104(3)(a)(v): a legal description of the claim, by legal subdivision or metes and bounds description, sufficient to locate the claimed lands on the ground.
Utah Code Annotated § 53C-2-104(3)(b): (2) Each subsequent notice required by Subsection
Utah Code Annotated § 53C-2-104(3)(b)(i): the name of the claim; and
Utah Code Annotated § 53C-2-104(3)(b)(ii): a statement of the owner's intention to hold or abandon the claim.
Utah Code Annotated § 53C-2-104(4): 53C-2-101
Utah Code Annotated § 53C-2-104(4)(a): 53C-2-101 The administration shall note the existence of all claims for which notices have been filed in the central index of all trust lands required under Section
Utah Code Annotated § 53C-2-104(4)(b): The administration may impose a reasonable filing fee as a condition for accepting the required notices, not to exceed $100 per claim, to defray the administrative costs of maintaining an index of claims.
Utah Code Annotated § 53C-2-104(5):
Utah Code Annotated § 53C-2-104(5)(a): Failure to file the notice required by this section constitutes an abandonment of the claim by the owner.
Utah Code Annotated § 53C-2-104(5)(b): Filing of the required notice by one owner of a claim in which multiple persons own or claim interests fulfills the filing requirements of this section.
Utah Code Annotated § 53C-2-104(6): Filing of a notice under this section does not make valid a claim which is otherwise invalid under other applicable law.
Utah Code Annotated § 53C-2-104(7): Part 4, Mineral Leases Acquisition of rights to extract minerals underlying trust lands is governed by
Utah Code Annotated § 53C-2-104(8): This section does not waive any fees, filings, or other requirements imposed by federal law.
Utah Code Annotated § 53C-2-105 Withdrawal of trust lands from leasing, disposition, or use.
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Utah Code Annotated § 53C-2-105(1): The director may at any time withdraw trust lands from:
Utah Code Annotated § 53C-2-105(1)(a): applications for leasing, permitting, sale, or other disposition of any nature upon a finding that the interests of the trust would best be served through withdrawal; or
Utah Code Annotated § 53C-2-105(1)(b): surface occupancy or one or more specific uses upon a finding that continued occupancy or use would cause:
Utah Code Annotated § 53C-2-105(1)(b)(i): resource degradation;
Utah Code Annotated § 53C-2-105(1)(b)(ii): interference with the activities of the administration or the administration's authorized lessees or permittees; or
Utah Code Annotated § 53C-2-105(1)(b)(iii): a threat to public safety.
Utah Code Annotated § 53C-2-105(2): (3) The director may, by rule and subject to Subsection
Utah Code Annotated § 53C-2-105(3): 53C-1-303(1)(c) Before board review of a rule, as described in Subsection
Utah Code Annotated § 53C-2-105(3)(a): the sheriff of the county where the proposed withdrawal will occur; and
Utah Code Annotated § 53C-2-105(3)(b): representatives from leading sports shooting organizations.
Utah Code Annotated § 53C-2-201 Planning procedures -- Assistance from other state agencies -- Plans consistent with trust responsibilities.
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Utah Code Annotated § 53C-2-201(1): The director:
Utah Code Annotated § 53C-2-201(1)(a): shall develop rules describing the degree of planning necessary for each category of activity on trust lands; and
Utah Code Annotated § 53C-2-201(1)(b): may request other state agencies to generate technical data or other support services for the development and implementation of trust lands plans.
Utah Code Annotated § 53C-2-201(2): The plans for school and institutional trust lands shall be:
Utah Code Annotated § 53C-2-201(2)(a): developed in a manner consistent with the director's responsibility to insure that the interest of the trust beneficiaries is paramount; and
Utah Code Annotated § 53C-2-201(2)(b): if required by rule, approved by the board.
Utah Code Annotated § 53C-2-201(3): Title 63G, Chapter 3, Utah Administrative Rulemaking Act The director shall make rules under
Utah Code Annotated § 53C-2-201(4): (1) Subject to Subsection
Utah Code Annotated § 53C-2-202 Endangered and threatened plant species.
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The director may make determinations concerning the management, protection, and conservation of plant species officially designated as endangered or threatened, or proposed for designation as endangered or threatened, under the federal Endangered Species Act of 1973, as amended, on trust lands.
Utah Code Annotated § 53C-2-301 Illegal activities on trust lands -- Penalties.
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Utah Code Annotated § 53C-2-301(1): (2); (4); 53C-2-105(1)(b) A person is liable for the civil damages prescribed in Subsection
Utah Code Annotated § 53C-2-301(1)(a): removes, extracts, uses, consumes, or destroys a mineral resource, gravel, sand, soil, vegetation, water resource, or improvement on trust lands;
Utah Code Annotated § 53C-2-301(1)(b): grazes livestock on trust lands;
Utah Code Annotated § 53C-2-301(1)(c): uses, occupies, or constructs improvements or structures on trust lands;
Utah Code Annotated § 53C-2-301(1)(d): uses or occupies trust lands for more than 30 days after the cancellation or expiration of written authorization;
Utah Code Annotated § 53C-2-301(1)(e): knowingly and willfully uses trust lands for commercial gain;
Utah Code Annotated § 53C-2-301(1)(f): appropriates, alters, injures, or destroys an improvement or historical, prehistorical, archaeological, or paleontological resource on trust lands;
Utah Code Annotated § 53C-2-301(1)(g): trespasses upon, uses, commits waste, dumps refuse, or occupies trust land;
Utah Code Annotated § 53C-2-301(1)(h): interferes with the activities of an employee or agent of the administration on trust lands; or
Utah Code Annotated § 53C-2-301(1)(i): 53C-2-105(1)(b) interferes with activities of a lessee or other person that have been authorized by the administration, whether or not the trust land has been withdrawn from occupancy or use pursuant to Subsection
Utah Code Annotated § 53C-2-301(2): (1) A person who commits an act described in Subsection
Utah Code Annotated § 53C-2-301(2)(a): three times the value at the point of sale of the mineral or other resource removed, destroyed, or extracted;
Utah Code Annotated § 53C-2-301(2)(b): three times the amount of damage committed;
Utah Code Annotated § 53C-2-301(2)(c): three times the cost to cure the damage;
Utah Code Annotated § 53C-2-301(2)(d): three times the value of any losses suffered as a result of interference with authorized activities; or
Utah Code Annotated § 53C-2-301(2)(e): three times the consideration which would have been charged by the director for use of the land during the period of trespass.
Utah Code Annotated § 53C-2-301(3): (2); (1); Title 76, Chapter 3, Punishments; (4) In addition to the damages described in Subsection
Utah Code Annotated § 53C-2-301(4): A violation of this section is a:
Utah Code Annotated § 53C-2-301(4)(a): second degree felony if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $5,000 in value;
Utah Code Annotated § 53C-2-301(4)(b): third degree felony if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
Utah Code Annotated § 53C-2-301(4)(c): class A misdemeanor if the actor's conduct causes property injury or damage, or pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
Utah Code Annotated § 53C-2-301(4)(d): class B misdemeanor if the actor's conduct causes property injury or damage, or pecuniary loss less than $500 in value.
Utah Code Annotated § 53C-2-301(5): The director shall deposit money collected under this section in the fund in which like revenues from that land would be deposited.
Utah Code Annotated § 53C-2-301(6): The director may award a portion of any of the damages collected under this section in excess of actual damages to the general fund of the county in which the trespass occurred as a reward for county assistance in the apprehension and prosecution of the trespassing party.
Utah Code Annotated § 53C-2-302 Enforcement of this chapter -- County attorney to prosecute.
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Utah Code Annotated § 53C-2-302(1): It is the duty of the administration and all law enforcement officers to enforce this chapter within their respective jurisdictions and to investigate and gather evidence that may indicate a violation under this chapter.
Utah Code Annotated § 53C-2-302(2): The county attorney shall prosecute any criminal violation of this chapter.
Utah Code Annotated § 53C-2-401 Coal and mineral deposits reserved -- Exceptions.
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Utah Code Annotated § 53C-2-401(1): (2); (1)(d)(ii); 53C-2-405(3); (4)
Utah Code Annotated § 53C-2-401(1)(a): Except as otherwise expressly provided by law, coal and mineral deposits in trust lands are reserved to the respective trust.
Utah Code Annotated § 53C-2-401(1)(b): Each certificate of sale and patent issued shall contain such a reservation.
Utah Code Annotated § 53C-2-401(1)(c): The purchaser of any lands belonging to the trust:
Utah Code Annotated § 53C-2-401(1)(c)(i): acquires no right, title, or interest in coal or mineral deposits; and
Utah Code Annotated § 53C-2-401(1)(c)(ii): is subject to the conditions and limitations prescribed by law providing for the state and any person authorized by it to:
Utah Code Annotated § 53C-2-401(1)(c)(ii)(A): prospect or mine;
Utah Code Annotated § 53C-2-401(1)(c)(ii)(B): remove the deposits; and
Utah Code Annotated § 53C-2-401(1)(c)(ii)(C): occupy and use as much of the surface of the lands as may be required for any purpose reasonably incident to the mining and removal of the deposits.
Utah Code Annotated § 53C-2-401(1)(d): (2); (1)(d)(ii); 53C-2-405(3); (4)
Utah Code Annotated § 53C-2-401(1)(d)(i): Coal and mineral deposits in trust lands may be leased on a rental and royalty basis.
Utah Code Annotated § 53C-2-401(1)(d)(ii): The administration may also, with board approval, enter into joint ventures, farmout agreements, exploration agreements, operating agreements, and other business arrangements for the disposition of coal and mineral deposits in trust lands.
Utah Code Annotated § 53C-2-401(1)(d)(iii): (2) The mineral estate in trust lands may not be sold except as authorized in Subsection
Utah Code Annotated § 53C-2-401(1)(d)(iv): (1)(d)(ii); 53C-2-405(3); (4) Agreements made under Subsection
Utah Code Annotated § 53C-2-401(2): Except as otherwise prohibited by the Jones Act of January 25, 1927, 43 U.S.C. Sections 870-871, mineral interests in trust lands may be exchanged for mineral interests of comparable value or otherwise disposed of, if their retention would create a liability exceeding their value.
Utah Code Annotated § 53C-2-401(3):
Utah Code Annotated § 53C-2-401(3)(a): Common varieties of sand, gravel, and cinders are not considered to be minerals under this section but may be reserved by specific action of the director.
Utah Code Annotated § 53C-2-401(3)(b): Common varieties do not include deposits which are valuable because the deposit contains characteristics which give it distinct and special value.
Utah Code Annotated § 53C-2-402 Mineral leases -- Director to establish rules for mineral leases -- Revenues to be deposited in Land Grant Management Fund.
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Utah Code Annotated § 53C-2-402(1): Mineral leases of all trust lands owned by the state shall be made exclusively by the director, under rules made by the director.
Utah Code Annotated § 53C-2-402(2): Revenues from mineral leases of trust lands shall be deposited in the Land Grant Management Fund.
Utah Code Annotated § 53C-2-403 Mineral leases -- Director to establish forms, term, rental, and royalty.
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The director shall establish the:Utah Code Annotated § 53C-2-403(1): form of a mineral lease application;
Utah Code Annotated § 53C-2-403(2): form of the lease;
Utah Code Annotated § 53C-2-403(3): term of the lease;
Utah Code Annotated § 53C-2-403(4): annual rental;
Utah Code Annotated § 53C-2-403(5): amount of royalty in addition to or in lieu of rental; and
Utah Code Annotated § 53C-2-403(6): basis upon which the royalty shall be computed.
Utah Code Annotated § 53C-2-404 Applicants for mineral leases -- Qualifications.
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Applicants for mineral leases must, throughout the application period and throughout the duration of the lease, be in full compliance with all of the laws of the state as to qualification to do business within the state and must not be in default under those laws or the rules of the administration.
Utah Code Annotated § 53C-2-405 Mineral leases -- Multiple leases on same land -- Lease terms.
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Utah Code Annotated § 53C-2-405(1):
Utah Code Annotated § 53C-2-405(1)(a): Mineral leases, including oil, gas, and hydrocarbon leases, may be issued for prospecting, exploring, developing, and producing minerals described by rule as available for lease on any portion of trust lands or the reserved mineral interests of the trust.
Utah Code Annotated § 53C-2-405(1)(b):
Utah Code Annotated § 53C-2-405(1)(b)(i): Leases may be issued for different types of minerals on the same land.
Utah Code Annotated § 53C-2-405(1)(b)(ii): If leases are issued for different types of minerals on the same land, the leases shall include stipulations for simultaneous operations.
Utah Code Annotated § 53C-2-405(1)(c): Leases may not be issued for the same resource on the same land.
Utah Code Annotated § 53C-2-405(2):
Utah Code Annotated § 53C-2-405(2)(a): Each mineral lease issued by the administration shall provide for an annual rental of not less than $1 per acre per year.
Utah Code Annotated § 53C-2-405(2)(b): However, a lease may provide for a rental credit, minimum rental, or minimum royalty upon commencement of production, as prescribed by rules of the director.
Utah Code Annotated § 53C-2-405(3): The primary term of a mineral lease may not exceed 10 years.
Utah Code Annotated § 53C-2-405(4): The director shall make rules regarding the continuation of a mineral lease after the primary term has expired.
Utah Code Annotated § 53C-2-407 Mineral lease application procedures.
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Utah Code Annotated § 53C-2-407(1): 53C-2-401(1)(d) Lands that are not encumbered by a current mineral lease for the same resource, a withdrawal order, or other rule of the director prohibiting the lease of the lands, may be offered for lease as provided in this section or may, with board approval, be committed to another contractual arrangement under Subsection
Utah Code Annotated § 53C-2-407(2):
Utah Code Annotated § 53C-2-407(2)(a): A notice of the land available for leasing shall be posted in the administration's office or on the administration's website.
Utah Code Annotated § 53C-2-407(2)(b): The notice shall:
Utah Code Annotated § 53C-2-407(2)(b)(i): describe the land;
Utah Code Annotated § 53C-2-407(2)(b)(ii): indicate what mineral interest in each tract is available for leasing; and
Utah Code Annotated § 53C-2-407(2)(b)(iii): state the last date, which shall be no less than 15 days after the notice is posted, on which bids may be received.
Utah Code Annotated § 53C-2-407(3):
Utah Code Annotated § 53C-2-407(3)(a): Applications for the lease of lands filed in the administration's office or online before the closing date stated in the notice shall be considered to be filed simultaneously.
Utah Code Annotated § 53C-2-407(3)(b): The applications shall be:
Utah Code Annotated § 53C-2-407(3)(b)(i): submitted in sealed envelopes or as required by the online bidding process; and
Utah Code Annotated § 53C-2-407(3)(b)(ii): disclosed in the administration's office or online at 10 a.m. of the second business day following the last day on which bids may be received.
Utah Code Annotated § 53C-2-407(3)(c): Leases shall be awarded to the highest responsible, qualified bidder, in terms of the bonus paid in addition to the first year's rental, who submitted a bid in the manner required.
Utah Code Annotated § 53C-2-407(3)(d): In cases of identical bids of successful bidders:
Utah Code Annotated § 53C-2-407(3)(d)(i): the right to lease shall be determined by drawing or oral auction;
Utah Code Annotated § 53C-2-407(3)(d)(ii): the determination of whether to award the lease by drawing or oral auction shall be made at the sole discretion of the director; and
Utah Code Annotated § 53C-2-407(3)(d)(iii): the drawing or oral auction shall be held in public at the administration's office in a manner calculated to optimize the return to the trust land beneficiary.
Utah Code Annotated § 53C-2-407(4):
Utah Code Annotated § 53C-2-407(4)(a): At the discretion of the director, mineral leases may be offered at an oral public auction.
Utah Code Annotated § 53C-2-407(4)(b): The director may set a minimum bid for a public auction.
Utah Code Annotated § 53C-2-407(5): (3); (4) The director may award a mineral lease without following the competitive bidding procedures specified in Subsections
Utah Code Annotated § 53C-2-407(5)(a): defeat or encumber the selection of newly acquired land, either for indemnity or other purposes, or the acquisition by the trust of any land; or
Utah Code Annotated § 53C-2-407(5)(b): cloud the title to any of those lands.
Utah Code Annotated § 53C-2-407(6): Following the awarding of a lease to a successful bidder, deposits, except filing fees, made by unsuccessful bidders shall be returned to those bidders.
Utah Code Annotated § 53C-2-407(7): 53C-2-104; (7)(a)
Utah Code Annotated § 53C-2-407(7)(a): 53C-2-104 Subject to Section
Utah Code Annotated § 53C-2-407(7)(b): (7)(a) Subsection
Utah Code Annotated § 53C-2-407(8): (3); (6) The director may lease lands for which applications are filed or submitted online if:
Utah Code Annotated § 53C-2-407(8)(a): (3); (6) the director offers trust lands for lease for mineral purposes according to the procedures in Subsections
Utah Code Annotated § 53C-2-407(8)(b): a period of time of not less than one year but less than three years has elapsed following:
Utah Code Annotated § 53C-2-407(8)(b)(i): a revocation of a withdrawal; or
Utah Code Annotated § 53C-2-407(8)(b)(ii): the date an existing mineral lease is canceled, relinquished, surrendered, or terminated.
Utah Code Annotated § 53C-2-408 Mineral lease covenants.
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Each mineral lease shall contain the following covenants:Utah Code Annotated § 53C-2-408(1): the lessee shall promptly pay any rent annually in advance;
Utah Code Annotated § 53C-2-408(2): waste may not be committed on the land;
Utah Code Annotated § 53C-2-408(3): the premises shall be surrendered at the expiration of the term;
Utah Code Annotated § 53C-2-408(4): the lessee may not assign or sublet without the prior written authorization of the director; and
Utah Code Annotated § 53C-2-408(5): if authorized improvements have been placed on the land by any person other than the lessee, the lessee shall allow the owner of the improvements to remove them within 90 days.
Utah Code Annotated § 53C-2-409 Mineral leases -- Cancellation -- Use of surface land -- Liability for damage.
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Utah Code Annotated § 53C-2-409(1): 53C-1-304 Upon violation by the lessee of any lawful provision in a mineral lease, the director may, without further notice or appeal, cancel the lease after 30 days notice by registered or certified return receipt mail, unless the lessee remedies the violation, rectifies the condition, or requests a hearing pursuant to Section
Utah Code Annotated § 53C-2-409(2):
Utah Code Annotated § 53C-2-409(2)(a): A mineral lessee, subject to conditions required by the director, has the right at all times to enter upon the leasehold for prospecting, exploring, developing, and producing minerals and shall have reasonable use of the surface.
Utah Code Annotated § 53C-2-409(2)(b): The lessee may not injure, damage, or destroy the improvements of the surface owner or lessee.
Utah Code Annotated § 53C-2-409(2)(c): The lessee is liable to the surface owner or lessee for all damage to the surface of the land and improvements, except for reasonable use.
Utah Code Annotated § 53C-2-409(3): Any mineral lessee may occupy as much of the surface of the leased land as may be required for all purposes reasonably incident to the exercise of lessee's rights under the lease by:
Utah Code Annotated § 53C-2-409(3)(a): securing the written consent or waiver of the surface owner or lessee;
Utah Code Annotated § 53C-2-409(3)(b): payment for the damage to the surface of the land and improvements to the surface owner or lessee where there is agreement as to the amount of the damage; or
Utah Code Annotated § 53C-2-409(3)(c): upon the execution of a good and sufficient bond to the director for the use and benefit of the surface owner or lessee of the land to secure the payment of damages as may be determined and fixed by agreement or in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties of the bond. The bond shall be in a form and amount as prescribed by the director and shall be filed with the administration.
Utah Code Annotated § 53C-2-410 Shut-in gas wells.
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Utah Code Annotated § 53C-2-410(1): Under a mineral lease for oil and gas, gas is considered to be produced in paying quantities from a shut-in gas well if the shut-in gas well is capable of producing gas in paying quantities, but the gas cannot be marketed at a reasonable price due to existing marketing or transportation conditions.
Utah Code Annotated § 53C-2-410(2):
Utah Code Annotated § 53C-2-410(2)(a): The director shall make rules establishing:
Utah Code Annotated § 53C-2-410(2)(a)(i): a minimum rental or minimum royalty for a shut-in gas well that is considered to be producing gas in paying quantities; and
Utah Code Annotated § 53C-2-410(2)(a)(ii): the basis upon which the minimum rental or minimum royalty shall be paid.
Utah Code Annotated § 53C-2-410(2)(b): The minimum rental or minimum royalty may not be less than twice the annual lease rental.
Utah Code Annotated § 53C-2-411 Unitization of mineral leases.
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Utah Code Annotated § 53C-2-411(1): Mineral lessees, upon prior written authorization from the director, may commit leased trust lands to unit, cooperative, or other plans of development with other lands.
Utah Code Annotated § 53C-2-411(2): The director may, with the consent of the mineral lessee, modify any term of a mineral lease for lands that are committed to a unit, cooperative, or other plan of development.
Utah Code Annotated § 53C-2-411(3): Production allocated to leased trust lands under the terms of a unit, cooperative, or other plan of development shall be considered produced from the leased lands whether or not the point of production is located on the leased trust lands.
Utah Code Annotated § 53C-2-412 Land subject to federal mineral lease.
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Utah Code Annotated § 53C-2-412(1): With respect to any tract of land in which the trust acquires or has acquired any interest subject to an outstanding federal mineral lease or prospecting permit, the lessee or permittee may submit a petition seeking extension of the permit or lease or any other action as may be necessary to give to the lessee or permittee any and all rights, privileges, and benefits which he would have had under the permit or lease had the trust not acquired its interest in the tract.
Utah Code Annotated § 53C-2-412(2): In consideration of the voluntary termination by the federal lessee or permittee of his lease or permit as it relates to that tract, the director may issue to that lessee or permittee a lease of the acquired tract or any portion of that tract for recovery of the same mineral substances, granting the lessee all the rights, privileges, and benefits with reference to that tract which he would have had by reason of his lease or permit from the United States had the state not acquired its interest in the tract.
Utah Code Annotated § 53C-2-413 Agreements for the administration of mineral leases by a federal agency.
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Utah Code Annotated § 53C-2-413(1): Where this trust has succeeded or will succeed to the position of the United States under a federal mineral or prospecting permit in which only a portion of the lands are subject to the permit, agreements may be entered into with the federal agency having jurisdiction over the remaining portion providing for the continued administration by that agency of the entire lease or permit or any lease pursuant to that permit.
Utah Code Annotated § 53C-2-413(2): Consideration for continued administration by the federal agency may not exceed 10% of the revenue allocable to the trust's portion.
Utah Code Annotated § 53C-2-414 Oil shale and tar sands development -- Participation by the administration -- Credit against future rentals -- Limits.
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Utah Code Annotated § 53C-2-414(1): The director may participate with oil shale or tar sands lessees in programs for the development of technology for the economic recovery of fuel substances from oil shale or tar sands.
Utah Code Annotated § 53C-2-414(2):
Utah Code Annotated § 53C-2-414(2)(a): A trust land oil shale or tar sands lessee may apply to the director for credit against future rentals by submitting to the director the details of a plan for research, experimentation, or investigation to develop technology for the economic recovery of fuel substances from oil shale or tar sands.
Utah Code Annotated § 53C-2-414(2)(b): The director may prescribe the format of the plan.
Utah Code Annotated § 53C-2-414(3):
Utah Code Annotated § 53C-2-414(3)(a): If the submitted plan is meritorious and designed to advance oil shale or tar sands technology, credit may be granted against rentals to become due in the future under any oil shale or tar sands leases held by the lessee, in accordance with rules promulgated by the director.
Utah Code Annotated § 53C-2-414(3)(b): The credit may not be given in an amount which reduces the actual amount payable by the lessee under any oil shale or tar sands lease to less than 50 cents per acre per year.
Utah Code Annotated § 53C-2-414(4): Lessees proceeding under a plan approved for director participation shall:
Utah Code Annotated § 53C-2-414(4)(a): maintain accurate books and records;
Utah Code Annotated § 53C-2-414(4)(b): make them available for inspection by the director at all reasonable times; and
Utah Code Annotated § 53C-2-414(4)(c): submit an accounting to the director at the conclusion of the program and at any other times the administration requests.
Utah Code Annotated - Title 53C - Chapter 3 - Deposit and Allocation of Revenue from Trust Lands
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Utah Code Annotated § 53C-3-101 Land Grant Management Fund -- Contents -- Use of money.
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Utah Code Annotated § 53C-3-101(1): 41-22-19(3)
Utah Code Annotated § 53C-3-101(1)(a): There is created an enterprise fund known as the Land Grant Management Fund.
Utah Code Annotated § 53C-3-101(1)(b): 41-22-19(3) This fund shall consist of:
Utah Code Annotated § 53C-3-101(1)(b)(i): all revenues derived from trust lands except revenues from the sale of those lands;
Utah Code Annotated § 53C-3-101(1)(b)(ii): all interest earned by the fund;
Utah Code Annotated § 53C-3-101(1)(b)(iii): 41-22-19(3) all revenues deposited in the fund in accordance with Subsection
Utah Code Annotated § 53C-3-101(1)(b)(iv): all revenues obtained from other activities of the director or administration.
Utah Code Annotated § 53C-3-101(2): 41-22-19(3); 41-22-19(3)(b) The director may expend money:
Utah Code Annotated § 53C-3-101(2)(a): from the Land Grant Management Fund in accordance with the approved budget for the support of director and administration activities; and
Utah Code Annotated § 53C-3-101(2)(b): 41-22-19(3); 41-22-19(3)(b) deposited in the fund in accordance with Subsection
Utah Code Annotated § 53C-3-101(3): (1)(b)(iii) Except for revenues deposited under Subsection
Utah Code Annotated § 53C-3-101(4): Money from the lease or rental of school trust lands or from the use, sale, or lease of resources on school trust lands, all sums paid for fees, and all forfeitures or penalties received in connection with those transactions shall be deposited in the Permanent State School Fund.
Utah Code Annotated § 53C-3-101(5): Money from the lease or rental of lands acquired by the state for the benefit of an institution named in Sections 7, 8, and 12 of the Utah Enabling Act, or from the use, sale, or lease of renewable or nonrenewable resources on those lands, and all forfeitures or penalties received in connection with those transactions, shall be deposited into the respective permanent funds established for the benefit of an institution named in Sections 7, 8, and 12 of the Utah Enabling Act.
Utah Code Annotated § 53C-3-101(6): (1)(b)(iii) Except for revenues deposited under Subsection
Utah Code Annotated § 53C-3-102 Deposit and allocation of money received.
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Utah Code Annotated § 53C-3-102(1): 53D-1-201
Utah Code Annotated § 53C-3-102(1)(a): 53D-1-201 The director shall pay to the School and Institutional Trust Fund Office, created in Section
Utah Code Annotated § 53C-3-102(1)(b): The administration and the School and Institutional Trust Fund Office shall enter into a memorandum of understanding detailing:
Utah Code Annotated § 53C-3-102(1)(b)(i): the classification of sources of money; and
Utah Code Annotated § 53C-3-102(1)(b)(ii): other relevant information, as determined by the administration and the School and Institutional Trust Fund Office.
Utah Code Annotated § 53C-3-102(2): All money received from the sale of lands granted by Section 6 of the Utah Enabling Act for the support of the common schools, all money received from the sale of lands selected in lieu of those lands, all money received from the United States under Section 9 of the Utah Enabling Act, all money received from the sale of lands or other securities acquired by the state from the investment of those funds, all sums paid for fees, all forfeitures, and all penalties paid in connection with these sales shall be deposited in the Permanent State School Fund.
Utah Code Annotated § 53C-3-102(3): All money received from the sale and all net proceeds from other contractual arrangements of institutional trust lands granted to the state by the United States under Section 7, 8, or 12 of the Utah Enabling Act shall be deposited into the respective permanent funds established for the benefit of those institutions under the Utah Enabling Act and the Utah Constitution.
Utah Code Annotated § 53C-3-102(4):
Utah Code Annotated § 53C-3-102(4)(a): All lands acquired by the state through foreclosure of mortgages securing school or institutional trust funds or through deeds from mortgagors or owners of those lands shall become a part of the respective school or institutional trust lands.
Utah Code Annotated § 53C-3-102(4)(b): All money received from these lands shall be treated as money received from school or institutional trust lands.
Utah Code Annotated § 53C-3-102(5): All money received from the sale of lands acquired by the state through foreclosure of mortgages securing trust funds or through deeds from mortgagors or owners of such lands, whether a profit is realized or a loss sustained on the principal invested, shall be regarded as principal and shall go into the principal or permanent fund from which it was originally taken in reimbursement of that fund, with profits being used to offset losses.
Utah Code Annotated § 53C-3-102(6): (6)(a)
Utah Code Annotated § 53C-3-102(6)(a): All money received by the director as a first or down payment on applications to purchase, permit, or lease trust lands or minerals shall be paid to the state treasurer and held in suspense pending final action on those applications.
Utah Code Annotated § 53C-3-102(6)(b): (6)(a) After final action the payments received under Subsection
Utah Code Annotated § 53C-3-102(7): Distributions to the respective institutions from the associated permanent funds created from lands granted in Sections 8 and 12 of the Utah Enabling Act shall consist of 4% of the average market value of each institutional permanent fund over the past 20 consecutive quarters.
Utah Code Annotated § 53C-3-102 Deposit and allocation of money received.
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Utah Code Annotated § 53C-3-102(1): 53D-1-201
Utah Code Annotated § 53C-3-102(1)(a): 53D-1-201 The director shall pay to the School and Institutional Trust Fund Office, created in Section
Utah Code Annotated § 53C-3-102(1)(b): The administration and the School and Institutional Trust Fund Office shall enter into a memorandum of understanding detailing:
Utah Code Annotated § 53C-3-102(1)(b)(i): the classification of sources of money; and
Utah Code Annotated § 53C-3-102(1)(b)(ii): other relevant information, as determined by the administration and the School and Institutional Trust Fund Office.
Utah Code Annotated § 53C-3-102(2): All money received from the sale of lands granted by Section 6 of the Utah Enabling Act for the support of the common schools, all money received from the sale of lands selected in lieu of those lands, all money received from the United States under Section 9 of the Utah Enabling Act, all money received from the sale of lands or other securities acquired by the state from the investment of those funds, all sums paid for fees, all forfeitures, and all penalties paid in connection with these sales shall be deposited in the Permanent State School Fund.
Utah Code Annotated § 53C-3-102(3): All money received from the sale and all net proceeds from other contractual arrangements of institutional trust lands granted to the state by the United States under Section 7, 8, or 12 of the Utah Enabling Act shall be deposited into the respective permanent funds established for the benefit of those institutions under the Utah Enabling Act and the Utah Constitution.
Utah Code Annotated § 53C-3-102(4):
Utah Code Annotated § 53C-3-102(4)(a): All lands acquired by the state through foreclosure of mortgages securing school or institutional trust funds or through deeds from mortgagors or owners of those lands shall become a part of the respective school or institutional trust lands.
Utah Code Annotated § 53C-3-102(4)(b): All money received from these lands shall be treated as money received from school or institutional trust lands.
Utah Code Annotated § 53C-3-102(5): All money received from the sale of lands acquired by the state through foreclosure of mortgages securing trust funds or through deeds from mortgagors or owners of such lands, whether a profit is realized or a loss sustained on the principal invested, shall be regarded as principal and shall go into the principal or permanent fund from which it was originally taken in reimbursement of that fund, with profits being used to offset losses.
Utah Code Annotated § 53C-3-102(6): (6)(a)
Utah Code Annotated § 53C-3-102(6)(a): All money received by the director as a first or down payment on applications to purchase, permit, or lease trust lands or minerals shall be paid to the state treasurer and held in suspense pending final action on those applications.
Utah Code Annotated § 53C-3-102(6)(b): (6)(a) After final action the payments received under Subsection
Utah Code Annotated § 53C-3-102(7): Distributions to the respective institutions from the associated permanent funds created from lands granted in Sections 8 and 12 of the Utah Enabling Act shall consist of 5% of the average market value of each institutional permanent fund over the past 20 consecutive quarters.
Utah Code Annotated § 53C-3-103 Disposition of interest on permanent funds.
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The trust distributions derived from the investment of funds belonging to the permanent State School Fund and the permanent funds of the respective state institutions shall be distributed for use for the maintenance of public elementary and secondary schools or the state institutions in accordance with applicable law.
Utah Code Annotated § 53C-3-104 Disposition of reservoir land grant revenue.
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Money from the sale or management of land selected under the Reservoir Land Grant for the establishment of permanent water reservoirs and water development and conservation projects for irrigation purposes shall be deposited in the Water Resources Construction Fund created in Section
Utah Code Annotated § 53C-3-105 Disposition of revenue for normal schools.
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Money distributed for the benefit of the state's normal schools, as provided under the Utah Enabling Act, Section 12, Utah Constitution Article X, Section 7, Utah Constitution Article XX, Section 2, and Sections
Utah Code Annotated § 53C-3-201 Definitions.
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As used in this part:Utah Code Annotated § 53C-3-201(1): "Acquired lands" means lands acquired by the administration under the agreement.
Utah Code Annotated § 53C-3-201(2): "Acquired mineral interests" means mineral interests acquired by the administration pursuant to Section 3(F), (K), (L), or (M) of the agreement.
Utah Code Annotated § 53C-3-201(3): "Agreement" means the Agreement to Exchange Utah School Trust Lands Between the State of Utah and the United States of America, signed May 8, 1998, as ratified by the Utah School and Lands Exchange Act of 1998, Pub. L. No. 105-335.
Utah Code Annotated § 53C-3-201(4): "Exchange" means a land or mineral interest exchange by the administration and the United States of America after March 1, 2007 that is directed by Congressional action.
Utah Code Annotated § 53C-3-201(5): "Exchanged lands" means lands:
Utah Code Annotated § 53C-3-201(5)(a): acquired by the administration through an exchange; and
Utah Code Annotated § 53C-3-201(5)(b): reduced in value to take into account the presence of minerals subject to leasing under the Mineral Leasing Act, 30 U.S.C. Sec. 181 et seq.
Utah Code Annotated § 53C-3-201(6): "Exchanged mineral interests" means mineral interests:
Utah Code Annotated § 53C-3-201(6)(a): acquired by the administration through an exchange; and
Utah Code Annotated § 53C-3-201(6)(b): reduced in value to take into account the presence of minerals subject to leasing under the Mineral Leasing Act, 30 U.S.C. Sec. 181 et seq.
Utah Code Annotated § 53C-3-201(7): "Identified tracts" means the tracts identified in Section 3(F), (G), (J), (K), (L), and (M) of the agreement, generally referred to as the Cottonwood Tract, Westridge Coal Tract, Ferron Field, Mill Fork Tract, Dugout Canyon Tract, Muddy Tract, and North Horn Coal Tract.
Utah Code Annotated § 53C-3-201(8): "Subject mineral" means a mineral that is covered by the Mineral Leasing Act, 30 U.S.C. Sec. 181 et seq.
Utah Code Annotated § 53C-3-202 Collection and distribution of revenues from federal land exchange parcels.
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Utah Code Annotated § 53C-3-202(1): The director shall collect all bonus payments, rentals, and royalties from the lease of:
Utah Code Annotated § 53C-3-202(1)(a): minerals on acquired lands;
Utah Code Annotated § 53C-3-202(1)(b): acquired mineral interests;
Utah Code Annotated § 53C-3-202(1)(c): minerals on exchanged lands; and
Utah Code Annotated § 53C-3-202(1)(d): exchanged mineral interests.
Utah Code Annotated § 53C-3-202(2): 53C-3-203; 53C-3-101; 53C-3-203; 53C-3-101; 53C-3-203; 53C-3-101; 53C-3-203 No later than the last day of the second month following each calendar quarter, the director shall distribute:
Utah Code Annotated § 53C-3-202(2)(a): 53C-3-203 bonus payments received during the calendar quarter from the lease of coal, oil and gas, and coalbed methane on the identified tracts as follows:
Utah Code Annotated § 53C-3-202(2)(a)(i): 50% to the United States; and
Utah Code Annotated § 53C-3-202(2)(a)(ii): 53C-3-203 50% to the Land Exchange Distribution Account created in Section
Utah Code Annotated § 53C-3-202(2)(b): 53C-3-101; 53C-3-203 rentals and royalties received during the calendar quarter from the lease of subject minerals on the acquired lands and the lease of acquired mineral interests as follows:
Utah Code Annotated § 53C-3-202(2)(b)(i): 53C-3-101 50% to the Land Grant Management Fund created by Section
Utah Code Annotated § 53C-3-202(2)(b)(ii): 53C-3-203 50% to the Land Exchange Distribution Account created in Section
Utah Code Annotated § 53C-3-202(2)(c): 53C-3-101; 53C-3-203 mineral bonus, rental, and royalty revenue generated from the lease of subject minerals, other than oil shale, on exchanged lands or from the lease of exchanged mineral interests, other than interests in oil shale, as follows:
Utah Code Annotated § 53C-3-202(2)(c)(i): 53C-3-101 50% to the Land Grant Management Fund created by Section
Utah Code Annotated § 53C-3-202(2)(c)(ii): 53C-3-203 50% to the Land Exchange Distribution Account created in Section
Utah Code Annotated § 53C-3-202(2)(d): 53C-3-101; 53C-3-203 mineral bonus, rental, and royalty revenue generated from the lease of oil shale on exchanged lands or the lease of exchanged mineral interests that are interests in oil shale, net of amounts paid to the United States pursuant to a reserved interest of the United States in oil shale, as follows:
Utah Code Annotated § 53C-3-202(2)(d)(i): 53C-3-101 50% to the Land Grant Management Fund created by Section
Utah Code Annotated § 53C-3-202(2)(d)(ii): 53C-3-203 50% to the Land Exchange Distribution Account created in Section
Utah Code Annotated § 53C-3-202(3): (3)(c); (1); (1); (2); (3)(c); (2); (3)(a); (2); (3)(a)
Utah Code Annotated § 53C-3-202(3)(a): (3)(c); (1); (1); (2) Except as provided in Subsection
Utah Code Annotated § 53C-3-202(3)(b): (3)(c); (2) Except as provided in Subsection
Utah Code Annotated § 53C-3-202(3)(c): The director may not deduct administrative costs from the portion of collections derived from minerals on exchanged lands or exchanged mineral interests that is equal to the United States' reserved interest in oil shale.
Utah Code Annotated § 53C-3-202(3)(d): The director shall keep the administrative cost deductions in separate accounts.
Utah Code Annotated § 53C-3-202(3)(e): (3)(a) The money retained under Subsection
Utah Code Annotated § 53C-3-202(3)(f): (2); (3)(a) The director shall distribute in accordance with Subsection
Utah Code Annotated § 53C-3-203 Land Exchange Distribution Account.
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Utah Code Annotated § 53C-3-203(1): (2)(a) As used in this section, "account" means the Land Exchange Distribution Account created in Subsection
Utah Code Annotated § 53C-3-203(2): 53C-3-202
Utah Code Annotated § 53C-3-203(2)(a): There is created within the General Fund a restricted account known as the Land Exchange Distribution Account.
Utah Code Annotated § 53C-3-203(2)(b): 53C-3-202 The account shall consist of revenue deposited in the account as required by Section
Utah Code Annotated § 53C-3-203(3): Title 51, Chapter 7, State Money Management Act
Utah Code Annotated § 53C-3-203(3)(a): Title 51, Chapter 7, State Money Management Act The state treasurer shall invest money in the account according to
Utah Code Annotated § 53C-3-203(3)(b): The Division of Finance shall deposit interest or other earnings derived from investment of account money into the General Fund.
Utah Code Annotated § 53C-3-203(4): 63C-4a-402; (4)(a); 63C-4a-402; 35A-8-303 The Legislature shall annually appropriate from the account in the following order:
Utah Code Annotated § 53C-3-203(4)(a): 63C-4a-402 $1,000,000 to the Constitutional Defense Restricted Account created in Section
Utah Code Annotated § 53C-3-203(4)(b): (4)(a); 63C-4a-402; 35A-8-303 from the deposits to the account remaining after the appropriation in Subsection
Utah Code Annotated § 53C-3-203(4)(b)(i): 55% of the deposits to counties in amounts proportionate to the amounts of mineral revenue generated from the acquired land, exchanged land, acquired mineral interests, or exchanged mineral interests located in each county, to be used to mitigate the impacts caused by mineral development;
Utah Code Annotated § 53C-3-203(4)(b)(ii): 25% of the deposits to counties in amounts proportionate to the total surface and mineral acreage within each county that was conveyed to the United States under the agreement or an exchange, to be used to mitigate the loss of mineral development opportunities resulting from the agreement or exchange;
Utah Code Annotated § 53C-3-203(4)(b)(iii): 1.68% of the deposits to the State Board of Education, to be used for education research and experimentation in the use of staff and facilities designed to improve the quality of education in Utah;
Utah Code Annotated § 53C-3-203(4)(b)(iv): 1.66% of the deposits to the Geological Survey, to be used for natural resources development in the state;
Utah Code Annotated § 53C-3-203(4)(b)(v): 1.66% of the deposits to the Water Research Laboratory at Utah State University, to be used for water development in the state;
Utah Code Annotated § 53C-3-203(4)(b)(vi): 63C-4a-402 11% of the deposits to the Constitutional Defense Restricted Account created in Section
Utah Code Annotated § 53C-3-203(4)(b)(vii): 1% of the deposits to the Geological Survey, to be used for test wells and other hydrologic studies in the West Desert; and
Utah Code Annotated § 53C-3-203(4)(b)(viii): 35A-8-303 3% of the deposits to the Permanent Community Impact Fund created in Section
Utah Code Annotated § 53C-3-203(5): (4)(b)(viii) The administration shall make recommendations to the Permanent Community Impact Fund Board for the Permanent Community Impact Fund Board's consideration when awarding the grants described in Subsection
Utah Code Annotated - Title 53C - Chapter 4 - Sales, Exchanges, and Leases of Trust Lands
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Utah Code Annotated § 53C-4-101 Criteria for sale, lease, exchange, or other disposition of trust lands.
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Utah Code Annotated § 53C-4-101(1):
Utah Code Annotated § 53C-4-101(1)(a): The director shall establish criteria by rule for the sale, exchange, lease, or other disposition or conveyance of trust lands, including procedures for determining fair market value of those lands.
Utah Code Annotated § 53C-4-101(1)(b):
Utah Code Annotated § 53C-4-101(1)(b)(i): Nothing in this title or in the administration's rules and procedures shall be considered to require the director or the administration to execute any transaction for the disposition of trust lands on terms that the director determines by a written finding to be unfavorable to the beneficiaries.
Utah Code Annotated § 53C-4-101(1)(b)(ii): The director shall send a copy of the written finding to each board member for review and comment.
Utah Code Annotated § 53C-4-101(2): The governor, with the consent of the board, may participate in efforts and initiatives related to school and institutional trust lands inholdings.
Utah Code Annotated § 53C-4-102 Sale of trust lands -- Fair market value -- Determination of sale -- Advertising proposed sales -- Sale procedures -- Defaults.
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Utah Code Annotated § 53C-4-102(1): Trust lands may not be sold for less than the fair market value.
Utah Code Annotated § 53C-4-102(2):
Utah Code Annotated § 53C-4-102(2)(a): The director shall determine whether disposal or retention of all or a portion of a property interest in trust lands is in the best interest of the trust.
Utah Code Annotated § 53C-4-102(2)(b): When it is determined that the disposal of an interest in trust lands is in the best interest of the applicable trust, the transaction shall be accomplished in an orderly and timely manner.
Utah Code Annotated § 53C-4-102(3): The director shall advertise any proposed sale, lease, or exchange of an interest in trust lands in a reasonable manner consistent with the director's fiduciary responsibilities.
Utah Code Annotated § 53C-4-102(4):
Utah Code Annotated § 53C-4-102(4)(a): Any tract of trust land may be subdivided and sold, leased, or exchanged in accordance with a plan, contract, or other action designating the land to be subdivided that is approved by the director.
Utah Code Annotated § 53C-4-102(4)(b): The director may survey the tract and direct its subdivision.
Utah Code Annotated § 53C-4-102(4)(c): A plat of the survey shall be filed with the county recorder of the county in which the land is located and with the administration.
Utah Code Annotated § 53C-4-102(5): Sale conditions, including qualification of prospective purchasers, shall be in accordance with accepted mortgage lending and real estate practices.
Utah Code Annotated § 53C-4-102(6): Upon the sale of land, the director shall issue to the purchaser a certificate of sale which describes the land purchased and states the amount paid, the amount due, and the time when the principal and interest will become due.
Utah Code Annotated § 53C-4-102(7): Upon payment in full of principal and interest, payment in full of any amounts required to be paid for the partial release of property, or acceptance of appropriate conveyance documents in satisfaction of a land exchange, the governor, or the governor's designee, shall issue a patent to the purchaser, heir, assignee, successor in interest, or other grantee as determined by the director.
Utah Code Annotated § 53C-4-102(8):
Utah Code Annotated § 53C-4-102(8)(a): If a purchaser of trust lands defaults in the payment of any installment of principal or interest due under the terms of the contract of sale, the director shall notify the purchaser that if the default is not corrected within 30 days after issuance of the notice the director shall proceed with any remedy which the administration may pursue under law or the contract of sale.
Utah Code Annotated § 53C-4-102(8)(b): The notice shall be sent by registered or certified mail to the purchaser at the latest address as shown by the records of the administration.
Utah Code Annotated § 53C-4-102(8)(c): If the default is not corrected by compliance with the requirements of the notice of default within the time provided by the notice, the director may pursue any available remedy under the contract of sale, including forfeiture.
Utah Code Annotated § 53C-4-102(8)(d): If forfeited lands are sold again to the same purchaser, the sale may be made by a new and independent contract without regard to the forfeited agreement.
Utah Code Annotated § 53C-4-103 Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions.
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Utah Code Annotated § 53C-4-103(1): Title 63G, Chapter 3, Utah Administrative Rulemaking Act In accordance with
Utah Code Annotated § 53C-4-103(2): 61-2g-102; 61-2g-102 The rules:
Utah Code Annotated § 53C-4-103(2)(a): shall establish procedures for determining the value of the real property;
Utah Code Annotated § 53C-4-103(2)(b): 61-2g-102 may provide that an appraisal, as defined under Section
Utah Code Annotated § 53C-4-103(2)(c): 61-2g-102 may require that the appraisal be completed by a state-certified general appraiser, as defined under Section
Utah Code Annotated § 53C-4-103(3): (1) Subsection
Utah Code Annotated § 53C-4-103(3)(a): that is under a contract or other written agreement before May 5, 2008; or
Utah Code Annotated § 53C-4-103(3)(b): with a value of less than $100,000, as estimated by the state agency.
Utah Code Annotated § 53C-4-104 Sale or lease of trust lands to state entities -- Requirements -- Excluded lands -- Fair market value.
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Utah Code Annotated § 53C-4-104(1): 53C-4-102
Utah Code Annotated § 53C-4-104(1)(a): The director may sell or lease to the Utah Department of Natural Resources an aggregation of more than 5,000 acres of trust lands, if the Utah Department of Natural Resources pays at least fair market value for the sale or lease.
Utah Code Annotated § 53C-4-104(1)(b): The director may make an aggregation of more than 5,000 acres of trust lands described in this section by selecting a single, contiguous parcel or combining multiple parcels, with individual parcels no farther apart than two miles.
Utah Code Annotated § 53C-4-104(1)(c): 53C-4-102 The director may complete a sale or lease described in this section without complying with the advertising requirements described in Subsection
Utah Code Annotated § 53C-4-104(1)(c)(i): provide written notice of a proposed sale or lease under this section to an affected beneficiary; and
Utah Code Annotated § 53C-4-104(1)(c)(ii): present at an open meeting of the board of trustees and take public comment on:
Utah Code Annotated § 53C-4-104(1)(c)(ii)(A): the terms of a proposed sale or lease; and
Utah Code Annotated § 53C-4-104(1)(c)(ii)(B): the director's findings that waiving the advertising provision is in the best interest of the beneficiaries.
Utah Code Annotated § 53C-4-104(2): The director may not include the following lands in a sale or lease described in this section:
Utah Code Annotated § 53C-4-104(2)(a): Township 1 South, Range 8 West, USM;
Utah Code Annotated § 53C-4-104(2)(b): Township 1 South, Range 9 West, USM; or
Utah Code Annotated § 53C-4-104(2)(c): Township 1 South, Range 10 West, USM.
Utah Code Annotated § 53C-4-104(3): 61-2g-102; 61-2g-102
Utah Code Annotated § 53C-4-104(3)(a): The director shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for determining the fair market value of trust lands for a sale or lease described in this section.
Utah Code Annotated § 53C-4-104(3)(b): 61-2g-102; 61-2g-102 The rules adopted by the director:
Utah Code Annotated § 53C-4-104(3)(b)(i): shall establish the procedure for determining the fair market value of the trust lands;
Utah Code Annotated § 53C-4-104(3)(b)(ii): 61-2g-102 may provide that an appraisal, as that term is defined in Section
Utah Code Annotated § 53C-4-104(3)(b)(iii): shall require the director to obtain at least one third-party appraisal in the procedure established in this Subsection (3); and
Utah Code Annotated § 53C-4-104(3)(b)(iv): 61-2g-102 may require that additional appraisals be completed by a state-certified general appraiser, as that term is defined in Section
Utah Code Annotated § 53C-4-201 Surface leases and user permits -- Procedures for issuing leases and user permits.
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Utah Code Annotated § 53C-4-201(1): The director may issue surface leases and user permits of trust lands for any term consistent with sound and prudent real estate practices.
Utah Code Annotated § 53C-4-201(2): This section does not apply to leases for grazing, oil, gas, and hydrocarbons, or other minerals.
Utah Code Annotated § 53C-4-201(3):
Utah Code Annotated § 53C-4-201(3)(a):
Utah Code Annotated § 53C-4-201(3)(a)(i): Surface leases or user permits may be entered into by negotiation, public auction, or other public competitive bidding process as determined by rules of the director.
Utah Code Annotated § 53C-4-201(3)(a)(ii): The director may lease trust lands for development and subsequent sale of all or portions of such lands to third parties for no less than fair market value.
Utah Code Annotated § 53C-4-201(3)(b): Requests for proposals (RFP) on trust lands may be offered by the director after public notice.
Utah Code Annotated § 53C-4-202 Lease and permit covenants.
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Each surface lease or user permit shall contain the following covenants:Utah Code Annotated § 53C-4-202(1): the lessee or permittee shall promptly pay the rent annually upon demand;
Utah Code Annotated § 53C-4-202(2): no waste may be committed on the land;
Utah Code Annotated § 53C-4-202(3): the premises shall be promptly surrendered at the expiration of the term;
Utah Code Annotated § 53C-4-202(4): the lessee or permittee may not sublet or assign without the prior written consent of the director;
Utah Code Annotated § 53C-4-202(5): failure to pay the agreed rent for a period of one month from the time rent is due shall result in a forfeiture of the lease or permit after notice; and
Utah Code Annotated § 53C-4-202(6): where authorized improvements have been placed on the land by any person other than the lessee or permittee, the director may require the lessee or permittee to allow the owner of the improvements to remove them within 90 days.
Utah Code Annotated § 53C-4-203 Easements on trust lands -- Director to establish rules.
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Utah Code Annotated § 53C-4-203(1): The director shall establish rules for the issuance of easements on, through, and over any trust land, and may establish price schedules.
Utah Code Annotated § 53C-4-203(2): A patent for trust lands is subject to any valid existing easement or public right-of-way.
Utah Code Annotated § 53C-4-301 Exchange of trust lands -- Based on equal value -- Lands encumbered by a lease.
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Utah Code Annotated § 53C-4-301(1):
Utah Code Annotated § 53C-4-301(1)(a): In accordance with rules of the director, trust lands or other trust assets may be exchanged for other land or other assets.
Utah Code Annotated § 53C-4-301(1)(b): The director shall deliver the necessary patents to other proprietors and receive proper deeds for the lands exchanged.
Utah Code Annotated § 53C-4-301(1)(c): The director shall issue, deliver, and accept conveyance documents in land exchanges in accordance with accepted real estate closing practices.
Utah Code Annotated § 53C-4-301(2):
Utah Code Annotated § 53C-4-301(2)(a): If trust lands are encumbered by an existing lease, the director may, upon approval of an exchange, and with the consent of the lessee, terminate the existing lease and issue a lease of the same type on lands which may be acquired in the same exchange in which the leased lands are used as base.
Utah Code Annotated § 53C-4-301(2)(b): The state shall honor all vested rights upon acceptance of exchanged lands.
Utah Code Annotated § 53C-4-302 Public land grants -- Board and director to request a survey.
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The board and director shall take all necessary steps to encourage the federal Bureau of Land Management to complete the survey of public unsurveyed lands for the purpose of satisfying the public land grants to this state in accordance with federal law.
Utah Code Annotated § 53C-4-303 Public land grants -- Procedures for selection of additional lands.
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Utah Code Annotated § 53C-4-303(1): All selections of land shall be made in legal subdivisions according to the United States survey.
Utah Code Annotated § 53C-4-303(2): When a selection has been made and approved by the director, the director shall take action necessary to secure the approval of the proper officers of the United States and the final transfer of the lands selected to this state.
Utah Code Annotated § 53C-4-303(3): The director may cancel, relinquish, or release the claims of the state to, and may reconvey to the United States, any particular tract of land erroneously listed to the state, or any tract upon which, at the time of selection, a bona fide claim has been initiated by an actual settler.
Utah Code Annotated § 53C-4-304 Public land grants -- Transcription of selected lands to be sent to county recorders.
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Utah Code Annotated § 53C-4-304(1): The director shall receive clear lists to lands in this state from the Department of the Interior.
Utah Code Annotated § 53C-4-304(2): Within 90 days of receipt, the director shall transmit to the county recorders a certified transcript of all lands within their respective counties selected and approved for this state under federal law.
Utah Code Annotated § 53C-4-304(3): The county recorder shall immediately, upon receipt of the certified transcripts, enter them in the records of the recorder's office.
Utah Code Annotated § 53C-4-304(4): Any certified transcript required by this section, when recorded, shall be accepted in lieu of the original approved lists, and shall be sufficient evidence of the conveyance of the lands described in it by the United States to the state.
Utah Code Annotated - Title 53C - Chapter 5 - Management of Range Resources
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Utah Code Annotated § 53C-5-101 Management of range resources.
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Utah Code Annotated § 53C-5-101(1): The director is responsible for the efficient management of all range resources on lands under the director's administration, consistent with his fiduciary duties of financial support to the beneficiaries.
Utah Code Annotated § 53C-5-101(2): This management shall be based on sound resource management principles.
Utah Code Annotated § 53C-5-102 Grazing permits -- Treatment of permits on federal lands required by the state.
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Utah Code Annotated § 53C-5-102(1):
Utah Code Annotated § 53C-5-102(1)(a): The director may issue grazing permits on trust lands under terms and conditions established by rules of the director.
Utah Code Annotated § 53C-5-102(1)(b): Those terms shall be based on the fair market value of the permit.
Utah Code Annotated § 53C-5-102(2):
Utah Code Annotated § 53C-5-102(2)(a): Upon selecting, exchanging, or otherwise acquiring lands of the United States, the director shall honor, for the remainder of the applicable term, all leases, permits, and contracts, and the related terms and conditions of user agreements on United States lands, including permitted stocking rates, grazing fee levels, access rights, and all existing activities that currently or historically have dictated an understanding of usage between the land user and the federal government.
Utah Code Annotated § 53C-5-102(2)(b): Improvements of the permittee or lessee to the land shall be honored by the state in the acquisition of federal lands.
Utah Code Annotated § 53C-5-103 Control of noxious weeds, new and invading plant species, insects, and disease infestations.
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The director may enter into agreements with other public agencies and private landowners to cooperate in the control of noxious weeds, new and invading plant species, insects, and disease infestations on state-owned and adjacent lands.
Utah Code Annotated § 53C-5-104 Fees.
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Utah Code Annotated § 53C-5-104(1): The director shall collect a fee annually from each grazing permittee for the control of noxious weeds, new and invading plant species, insects, and disease infestations on trust rangelands.
Utah Code Annotated § 53C-5-104(2): The fee shall be 10 cents per animal unit month (AUM).
Utah Code Annotated § 53C-5-104(3): 53C-3-101 Fees collected by the director under this section shall be deposited in the Land Grant Management Fund created in Section