State Codes and Statutes
Statutes > Utah > Title-53c > Chapter-01 > 53c-1-20153C-1-201. Creation of administration -- Purpose -- Director.
(1) (a) There is established within state government the School and Institutional TrustLands Administration.
(b) The administration shall manage all school and institutional trust lands and assetswithin the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation ofRevenue from Trust Lands, and Sections 51-7a-201 and 51-7a-202.
(2) The administration is an independent state agency and not a division of any otherdepartment.
(3) (a) It is subject to the usual legislative and executive department controls except asprovided in this Subsection (3).
(b) (i) The director may make rules as approved by the board that allow theadministration to classify a business proposal submitted to the administration as protected underSection 63G-2-305, for as long as is necessary to evaluate the proposal.
(ii) The administration shall return the proposal to the party who submitted the proposal,and incur no further duties under Title 63G, Chapter 2, Government Records Access andManagement Act, if the administration determines not to proceed with the proposal.
(iii) The administration shall classify the proposal pursuant to law if it decides to proceedwith the proposal.
(iv) Section 63G-2-403 does not apply during the review period.
(c) The director shall make rules in compliance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, except that the administration is not subject to Subsections63G-3-301(6) and (7), and the director, with the board's approval, may establish a procedure forthe expedited approval of rules, based on written findings by the director showing:
(i) the changes in business opportunities affecting the assets of the trust;
(ii) the specific business opportunity arising out of those changes which may be lostwithout the rule or changes to the rule;
(iii) the reasons the normal procedures under Section 63G-3-301 cannot be met withoutcausing the loss of the specific opportunity;
(iv) approval by at least five board members; and
(v) that the director has filed a copy of the rule and a rule analysis, stating the specificreasons and justifications for its findings, with the Division of Administrative Rules and notifiedinterested parties as provided in Subsection 63G-3-301(10).
(d) (i) The administration shall comply with Title 67, Chapter 19, Utah State PersonnelManagement Act, except as provided in this Subsection (3)(d).
(ii) The board may approve, upon recommendation of the director, that exemption forspecific positions under Subsections 67-19-12(2) and 67-19-15(1) is required in order to enablethe administration to efficiently fulfill its responsibilities under the law. The director shallconsult with the executive director of the Department of Human Resource Management prior tomaking such a recommendation.
(iii) The positions of director, deputy director, associate director, assistant director, legalcounsel appointed under Section 53C-1-305, administrative assistant, and public affairs officerare exempt under Subsections 67-19-12(2) and 67-19-15(1).
(iv) Salaries for exempted positions, except for the director, shall be set by the director,after consultation with the executive director of the Department of Human ResourceManagement, within ranges approved by the board. The board and director shall consider
salaries for similar positions in private enterprise and other public employment when settingsalary ranges.
(v) The board may create an annual incentive and bonus plan for the director and otheradministration employees designated by the board, based upon the attainment of financialperformance goals and other measurable criteria defined and budgeted in advance by the board.
(e) The administration shall comply with Title 63G, Chapter 6, Utah Procurement Code,except where the board approves, upon recommendation of the director, exemption from theUtah Procurement Code, and simultaneous adoption of rules under Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, for procurement, which enable the administration to efficientlyfulfill its responsibilities under the law.
(f) (i) The board and director shall review the exceptions under this Subsection (3) andmake recommendations for any modification, if required, which the Legislature would be askedto consider during its annual general session.
(ii) The board and director may include in their recommendations any other proposedexceptions from the usual executive and legislative controls the board and director considernecessary to accomplish the purpose of this title.
(4) The administration is managed by a director of school and institutional trust landsappointed by a majority vote of the board of trustees with the consent of the governor.
(5) (a) The board of trustees shall provide policies for the management of theadministration and for the management of trust lands and assets.
(b) The board shall provide policies for the ownership and control of Native Americanremains that are discovered or excavated on school and institutional trust lands in consultationwith the Division of Indian Affairs and giving due consideration to Title 9, Chapter 9, Part 4,Native American Grave Protection and Repatriation Act. The director may make rules inaccordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implementpolicies provided by the board regarding Native American remains.
(6) In connection with joint ventures for the development of trust lands and mineralsapproved by the board under Sections 53C-1-303 and 53C-2-401, the administration may becomea member of a limited liability company under Title 48, Chapter 2c, Utah Revised LimitedLiability Company Act, and is considered a person under Section 48-2c-102.
Amended by Chapter 218, 2010 General Session
