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[Utah Code Table of Contents]
[TITLE 9. Table of Contents]
9-11-101 Title.
This chapter is known as the "Navajo Revitalization Fund
Act."
1996
9-11-102 Definitions.
As used in this chapter:
(1) "Board" means the Navajo 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) "Eligible entities" means:
(a) the Navajo Nation;
(b) a department or division of the Navajo Nation;
(c) a Utah Navajo Chapter, as defined in Section 63-88-101 ;
(d) the Navajo Utah Commission;
(e) an agency of the state or a political subdivision of the state;
(f) the Navajo Trust Fund established under Title 63, Chapter 88, Navajo Trust Fund; or
(g) a nonprofit corporation.
(5) "Navajo Utah Commission" means the commission created by Resolution IGRJN-134-92 of the Intergovernmental Relations Committee of the Navajo Nation Council.
(6) "Revitalization fund" or "fund" means the Navajo Revitalization
Fund.
2004
9-11-103 Legislative intent.
(1) The purpose of this chapter is to:
(a) maximize the long-term benefit of state severance taxes derived from lands in Utah held in trust by the United States for the Navajo Nation 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 San Juan County; and
(b) 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 in Utah held in trust by the United States for the Navajo Nation and its members.
(2) Notwithstanding Subsection (1), the fund:
(a) consists of state severance tax monies to be spent at the discretion of the state; and
(b) does not constitute a trust fund.
2001
9-11-104 San Juan Navajo Revitalization Fund.
(1) (a) There is created a restricted special revenue fund called the "Navajo Revitalization Fund."
(b) The fund shall consist of:
(i) monies deposited to the fund under this chapter;
(ii) monies deposited to the fund under Section 59-5-119 ; and
(iii) any loan repayment or interest on a loan issued under this chapter.
(2) (a) The revitalization fund shall earn interest.
(b) All interest earned on fund monies shall be deposited into the fund.
(3) Any unallocated balance in the fund at the end of a fiscal year shall be nonlapsing.
(4) The division may use fund monies for the administration
of the fund, but this amount may not exceed 2% of the annual
receipts to the fund.
2002
9-11-105 Navajo Revitalization Fund Board created - Members - Terms - Chair - Expenses.
(1) There is created within the division the Navajo Revitalization Board composed of five members as follows:
(a) the governor or the governor's designee;
(b) the two members of the San Juan County commission whose districts include portions of the Navajo Reservation;
(c) the chair of the Navajo Utah Commission or a member of the commission designated by the chair; and
(d) the chair of the Utah Dineh Committee, as created in Section 63-88-107 , or a member of the committee designated by the chair.
(2) The terms of office for the members of the board shall run concurrently with the terms of office for the governor, county commissioners, member of the Navajo Utah Commission, and member of the Utah Dineh Committee.
(3) The governor, or the governor's designee, shall be the chair of the board and the chair is responsible to call necessary meetings.
(4) (a) (i) Members who are not government employees of the state or local government 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.
(d) The per diem and expenses permitted under this Subsection (4) may be included as costs of administration of the fund.
(5) Four board members are a quorum.
(6) Any board decisions related to monies in or disbursed
from the fund requires the affirmative vote of each member
of the board present at a meeting when a quorum is present.
1998
9-11-106 Powers - Duties.
(1) The board shall:
(a) direct the division regarding grants and loans from the revitalization fund to eligible entities to serve persons that are or may be socially or economically impacted, directly or indirectly, by mineral resource development;
(b) establish procedures for application for an award of grants and loans including eligibility criteria;
(c) coordinate projects and programs with other projects and programs funded by federal, state, and local government entities;
(d) determine the order in which projects will be funded; and
(e) be subject to the procedures and requirements under Title 52, Chapter 4, Open and Public Meetings.
(2) The board may:
(a) qualify for, accept, and administer grants, gifts, loans, or other funds from the federal government and from other sources, public or private; and
(b) make rules under Title 63, Chapter 46a, Utah Administrative
Rulemaking Act, if necessary to perform its responsibilities.
1996
9-11-107 Revitalization fund administered by board - Eligibility for assistance - Review by board - Restrictions on loans and grants - Governor's approval prerequisite - Division to distribute monies.
(1) (a) If an eligible entity wishes to receive a loan or grant from the board, the eligible entity shall apply to the board. The application shall contain the information required by the board.
(b) The board shall review each application for a loan or grant before approving the loan or grant.
(c) The board may approve loan or grant applications subject to the applicant's compliance with certain conditions established by the board.
(2) In determining whether an eligible entity may receive a loan or grant, the board shall give priority to:
(a) capital projects and infrastructure, including electrical power, water, and other one time need projects;
(b) housing projects that consist of:
(i) the purchase of new housing;
(ii) the construction of new housing; or
(iii) a significant remodeling of existing housing; or
(c) matching educational endowments that:
(i) promote economic development within the Utah portion of the Navajo Reservation;
(ii) promote the preservation of Navajo culture, history, and language; or
(iii) support postsecondary educational opportunities for Navajo students enrolled in courses or programs taught within the Utah portion of the Navajo Reservation.
(3) A loan or grant issued under this chapter may not fund:
(a) start-up or operational costs of private business ventures;
(b) general operating budgets of the eligible entities; or
(c) a project or program that will operate or be located outside of the Navajo Reservation in San Juan County, Utah, except for educational endowments approved by the board under Subsection (2)(c).
(4) (a) The board may not approve a loan unless the loan:
(i) specifies the terms for repayment; and
(ii) is secured by proceeds from a general obligation, special assessment, or revenue bond, note, or other obligation.
(b) Any loan repayment or interest on a loan issued under this chapter shall be deposited into the fund.
(5) The board may not approve a loan or grant unless the loan or grant provides for matching monies or in-kind services from:
(a) the Navajo Nation;
(b) the Navajo Trust Fund;
(c) San Juan County;
(d) the state;
(e) the federal government;
(f) a Utah Navajo Chapter, as defined in Section 63-88-101 ; or
(g) other private or public organization.
(6) (a) During any fiscal year, the board may not approve a loan or grant unless the governor notifies the division in writing that loans and grants may be approved during that fiscal year.
(b) The governor shall provide the notice required by Subsection (6)(a) if the governor finds that there is progress in resolving issues between:
(i) the state, including its political subdivisions; and
(ii) (A) the Navajo Nation; or
(B) the members of the Navajo Nation living in Utah.
(7) The division shall distribute loan and grant monies:
(a) if the loan or grant is approved by the board;
(b) in accordance with the instructions of the board, except that the board may not instruct that monies be distributed in a manner:
(i) inconsistent with this chapter; or
(ii) in violation of rules and procedures of the department; and
(c) in the case of a loan, in accordance with Section
63A-3-205
.
2001
9-11-108 Annual report.
The division shall report annually to the Native American
Legislative Liaison Committee and the governor concerning
the number and type of loans and grants made as well as a
list of recipients of this assistance.
1996
