State Codes and Statutes
Statutes > Utah > Title-51 > Chapter-09 > 51-9-50451-9-504. Utah Navajo royalties and related issues.
(1) (a) Notwithstanding Title 63, Chapter 88, Navajo Trust Fund, repealed July 1, 2008,and except as provided in Subsection (7), the following are subject to this Subsection (1):
(i) the repealed board of trustees;
(ii) the repealed trust administrator;
(iii) an employee or agent of the repealed Navajo Trust Fund; or
(iv) the repealed Dineh Committee.
(b) The repealed board of trustees may not:
(i) beginning on March 17, 2008, take an action that imposes or may impose a liability orobligation described in Subsection (1)(d) that is:
(A) anticipated to be completed on or after January 1, 2010; or
(B) equal to or greater than $100,000;
(ii) on or after May 5, 2008, take an action that imposes or may impose a liability orobligation described in Subsection (1)(d).
(c) On or after March 17, 2008 a person described in Subsections (1)(a)(ii) through (iv)may not take an action that imposes or may impose a liability or obligation described inSubsection (1)(d).
(d) Subsection (1)(b) applies to a liability or obligation on:
(i) the repealed Navajo Trust Fund;
(ii) the Navajo Revitalization Fund created under Title 9, Chapter 11, NavajoRevitalization Fund Act;
(iii) the state; or
(iv) any of the following related to an entity described in this Subsection (1)(d):
(A) a department;
(B) a division;
(C) an office;
(D) a committee;
(E) a board;
(F) an officer;
(G) an employee; or
(H) a similar agency or individual.
(2) The Division of Finance shall:
(a) establish a fund by no later than July 1, 2008:
(i) to hold:
(A) the monies in the repealed Navajo Trust Fund as of June 30, 2008;
(B) Utah Navajo royalties received by the state on or after July 1, 2008;
(C) revenues from investments made by the state treasurer of the monies in the fundestablished under this Subsection (2)(a);
(D) monies owed to the repealed Navajo Trust Fund, including monies received by therepealed trust administrator or repealed Dineh Committee from an agreement executed by:
(I) the repealed board of trustees;
(II) the repealed trust administrator; or
(III) the repealed Dineh Committee; and
(E) monies related to litigation, including settlement of litigation related to Utah Navajoroyalties; and
(ii) from which monies may not be transferred or expended, except:
(A) as provided in Subsection (7); or
(B) as authorized by congressional action to designate a new recipient of the UtahNavajo royalties; and
(b) by no later than July 1, 2008, transfer to the fund created under Subsection (2)(a) in amanner consistent with this section the related assets and liabilities of the repealed Navajo TrustFund, including the transfer of monies in the repealed Navajo Trust Fund.
(3) The state treasurer shall invest monies in the fund created in Subsection (2)(a) inaccordance with Title 51, Chapter 7, State Money Management Act.
(4) (a) By no later than May 5, 2008, the repealed board of trustees shall:
(i) adopt a list of all related assets and liabilities of the repealed trust fund that are notsatisfied by May 5, 2008, which may include assets and liabilities that are contingent in nature oramount;
(ii) adopt a list of all individuals who at the time of adoption meet the requirements ofSubsection (7)(b); and
(iii) provide a copy of the lists described in Subsections (4)(a)(i) and (ii) to:
(A) the state auditor; and
(B) the Department of Administrative Services.
(b) The state auditor, in addition to completing its Fiscal Year 2007-2008 audit of therepealed Navajo Trust Fund, shall:
(i) verify the list of the related assets and liabilities of the repealed Navajo Trust Fundadopted by the repealed board of trustees under Subsection (4)(a) by no later than June 30, 2008;and
(ii) provide a written copy of the verification to the governor and the Legislature by nolater than July 30, 2008.
(5) The governor shall ensure that the reporting requirements under P.L. 90-306, 82 Stat.121, are met.
(6) The Department of Administrative Services, in cooperation with the Department ofHuman Resources, may assist employees of the repealed Navajo Trust Fund as of June 30, 2008,in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
(7) With the fund created under Subsection (2) and the fixed assets of the repealedNavajo Trust Fund, the Department of Administrative Services shall:
(a) subject to Subsection (8), fulfill the liabilities and obligations of the repealed NavajoTrust Fund as of June 30, 2008;
(b) provide monies to an individual enrolled member of the Navajo Nation who:
(i) resides in San Juan County;
(ii) as of June 30, 2012, has received monies under this Subsection (7)(b) forpostsecondary education;
(iii) beginning the later of June 30 or the day on which the individual first receivesmonies under this Subsection (7)(b), is enrolled in postsecondary education for the equivalent ofat least two semesters each year; and
(iv) meets the eligibility requirements adopted by the repealed board of trustees as ofMarch 17, 2008;
(c) through the Division of Facilities Construction and Management, reasonably maintainthe fixed assets of the repealed Navajo Trust Fund, to the extent that a lessee of a fixed asset is
not required by a lease to maintain a fixed asset;
(d) through the Division of Facilities Construction and Management, take those stepsnecessary to secure the purchase:
(i) of the following that is owned by the repealed Navajo Trust Fund as of May 5, 2008:
(A) the government service building; or
(B) another fixed asset of the repealed Navajo Trust Fund, if the sale of the fixed asset isconsistent with the obligations of the state with regard to the Utah Navajo royalties; and
(ii) (A) in an arms length manner; and
(B) so that fair market compensation is paid to the repealed Navajo Trust Fund; and
(e) charge the fund established under Subsection (2)(a) for the expenses that arenecessary and reasonable to comply with the requirements of this Subsection (7).
(8) To fulfill the liabilities and obligations of the repealed Navajo Trust Fund as of June30, 2008, the Division of Finance may expend monies from the fund:
(a) for a liability or obligation incurred before March 17, 2008, to the extent that theexpenditure was expressly a liability or obligation of the repealed Navajo Trust Fund as of March17, 2008; and
(b) on and after March 11, 2010, for a project approved under Subsection (1)(b)(i) by therepealed board of trustees, except that the Division of Finance may not expend monies from thefund for a project approved under Subsection (1)(b)(i):
(i) in excess of $100,000 in the aggregate for the project; or
(ii) to fulfill a liability or obligation related to the project if the expenditure would be onor after the earlier of:
(A) the day on which monies from the fund are transferred as authorized bycongressional action to designate a new recipient of the Utah Navajo royalties; or
(B) January 1, 2012.
(9) Unless expressly prohibited by this part, the state may take any action with regard tothe assets held by the state under this part that is consistent with the obligations of the staterelated to the Utah Navajo royalties.
Amended by Chapter 176, 2010 General Session
