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[Utah Code Table of Contents]
[TITLE 9. Table of Contents]
9-10-101 Definitions.
As used in this chapter:
(1) "Board" means the Uintah Basin Revitalization Fund Board.
(2) "Capital projects" means expenditures for land, improvements on the land, and equipment intended to have long-term beneficial use.
(3) "Division" means the Division of Housing and Community Development.
(4) "Revitalization Fund" means the Uintah Basin Revitalization Fund.
(5) "Tribe" means the Ute Indian Tribe of the Uintah and
Ouray Reservation.
2004
9-10-102 Legislative intent - Uintah Basin Revitalization Fund - Deposits and contents.
(1) In order to maximize the long-term benefit of severance taxes derived from lands held in trust by the United States for the Tribe and its members by fostering funding mechanisms that will, consistent with sound financial practices, result in the greatest use of financial resources for the greatest number of citizens of the Uintah Basin, and in order to promote cooperation and coordination between the state, its political subdivisions, Indian tribes, and individuals, firms, and business organizations engaged in the development of oil and gas interests held in trust for the Tribe and its members, there is created a restricted special revenue fund entitled the "Uintah Basin Revitalization Fund."
(2) The fund consists of all monies deposited to the Revitalization Fund under this part and Section 59-5-116 .
(3) (a) The Revitalization Fund shall earn interest.
(b) All interest earned on fund monies shall be deposited
into the fund.
2002
9-10-103 Uintah Basin Revitalization Fund Board created - Members - Terms - Chair - Quorum - Expenses.
(1) There is created within the division the Revitalization Board composed of five members as follows:
(a) the governor or his designee;
(b) a Uintah County commissioner;
(c) a Duchesne County commissioner; and
(d) two representatives of the Business Committee of the Tribe.
(2) The terms of office for the members of the board shall run concurrently with the terms of office for the governor, commissioners, and Business Committee of the Tribe.
(3) The governor, or his designee, shall be the chair of the board.
(4) Four board members are a quorum.
(5) All decisions of the board require four affirmative votes.
(6) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the board at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) State government officer and employee members may decline to receive per diem and expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) Local government members may decline to receive per
diem and expenses for their service.
1996
9-10-104 Duties - Loans - Interest.
(1) The board shall:
(a) subject to an agreement entered into under the Interlocal Cooperation Act among the state, Duchesne and Uintah Counties and the Tribe make recommendations to the division for grants and loans from the Revitalization Fund to county agencies and the Tribe that are or may be socially or economically impacted, directly or indirectly, by mineral resource development;
(b) establish procedures for application for and award of grants and loans including:
(i) eligibility criteria;
(ii) a preference that capital projects, including subsidized and low-income housing, and other one-time need projects and programs have priority over other projects;
(iii) preference to projects and programs that are associated with the geographic area where the oil and gas were produced; and
(iv) coordination of projects and programs with other projects and programs funded by federal, state, and local governmental entities;
(c) determine the order in which projects will be funded;
(d) qualify for, accept, and administer grants, gifts, loans, or other funds from the federal government and from other sources, public or private; and
(e) perform other duties assigned to it under the Interlocal Cooperation Act agreement that are not prohibited by law.
(2) The board shall ensure that loan repayments and interest
are deposited into the Revitalization Fund.
1995
9-10-105 Powers.
(1) The board may:
(a) appoint a hearing examiner or administrative law judge with authority to conduct any hearings, make determinations, and enter appropriate findings of facts, conclusions of law, and orders under authority of the Interlocal Cooperation Act;
(b) make rules under Title 63, Chapter 46a, Utah Administrative Rulemaking Act, if necessary to perform its responsibilities.
(2) The board shall:
(a) be subject to the procedures and requirements under Title 52, Chapter 4, Open and Public Meetings; and
(b) be subject to the procedures and requirements under
Title 51, Chapter 7, State Money Management Act.
1995
9-10-106 Eligibility for assistance - Applications - Review by board - Terms - Security.
(1) Counties or the Tribe that wish to receive loans or grants from the board shall submit formal applications to the board containing the information required by the board.
(2) The board may not fund:
(a) start-up or operational costs of private business ventures; and
(b) general operating budgets of the counties or the Tribe.
(3) (a) The board shall review each application for a loan or grant before approving it.
(b) The board may approve loan or grant applications subject to the applicant's compliance with certain conditions established by the board.
(c) The board shall:
(i) ensure that each loan specifies the terms for repayment; and
(ii) secure the loans by proceeds from any general obligation,
special assessment, or revenue bonds, notes, or other obligations
of the appropriate subdivision.
1995
9-10-107 Division to distribute monies - Annual report - Administration costs.
(1) The division shall distribute loan and grant monies if the loan or grant is approved by the board.
(2) The division shall make an annual report concerning the number and type of loans and grants made as well as a list of recipients of this assistance to:
(a) the Native American Legislative Liaison Committee, created in Section 36-22-1 ; and
(b) the governor.
(3) The division, with board approval, may use fund monies
for the administration of the fund, but this amount may not
exceed 2% of the annual receipts to the fund.
1997
9-10-108 Deposits into fund - Unallocated balance nonlapsing.
(1) (a) All money received under Section 59-5-116 shall be deposited in the Revitalization Fund provided that no business or activity fee or tax based on gross receipts has been imposed by a county or the Tribe on oil and gas activities.
(b) (i) Nothing in this Subsection (1) prohibits a county from imposing a charge described in Subsection (1)(a) with respect to any gathering, transmission, or local distribution pipeline in which the county owns an interest.
(ii) Nothing in this Subsection (1) prohibits the Tribe from imposing a charge described in Subsection (1)(a) with respect to any gathering, transmission, or local distribution pipeline in which the Tribe owns an interest.
(2) Any unallocated balance in the fund at the end of
each fiscal year shall be nonlapsing.
2004
