House of Representatives
State of Utah
March 5, 2013
Madam Speaker:
The Natural Resources, Agriculture, and Environment Committee reports a favorable
recommendation on H.C.R. 11, CONCURRENT RESOLUTION SUPPORTING THE TRANSFER OF
ADMINISTRATION OF THE UTAH NAVAJO TRUST FUND TO THE DINéH COMMITTEE, by
Representative M. Noel, with the following amendments:
administer the
{
Michael E. Noel
Voting: 15-0-1
1. Page
1, Lines 11 through 14
:
11
This concurrent resolution of the Legislature and the Governor expresses the
12
Legislature's and the Governor's
intent to
}
support for the
transfer
of
all
{
Utah Navajo Trust Fund
}
oil and gas royalties
13
administrative and fiduciary obligations to the Utah Dinéh Corporation under specified
14
conditions.
2. Page
1, Lines 17 through 19
:
17
. expresses the Legislature's and the Governor's
intent to transfer all Utah
Navajo
18
Trust Fund
}
19
subject to federal action;
3. Page
2, Lines 51 through 52
:
51
WHEREAS, pursuant to the Federal Acts, Utah
must
}
is directed to
UNTF
}
oil and gas royalties
for the
52
health, education, and general welfare of the Navajo Indians residing in San Juan County;
4. Page
3, Lines 67 through 69
:
67
WHEREAS, H.B. 352 resulted in the establishment of what became known as the
68
Navajo Royalty Holding Fund (NRHF) no later than July 1, 2008, into which all
UNTF
}
oil and gas royalties
69
monetary assets and future royalty payments would be placed;
5. Page
3, Lines 77 through 79
:
77
WHEREAS, litigation is now pending in United States District Court seeking to
force
78
the state of Utah to resume active administration of the
UNTF
}
oil and gas
royalties
for the health, education, and
79
general welfare of the beneficiaries;
6. Page
3, Lines 80 through 86
:
80
WHEREAS, the health, education, and general welfare of the beneficiaries would be
81
improved by continuing projects previously funded, wholly or partially, with
UNTF
}
oil and gas
funds,
82
including housing, water development, range improvement, delivery of education,
healthcare,
83
and other social services;
84
WHEREAS, although funded in part with NRHF expenditures, the
subsequent cutoff of
85
funding has left nonmonetary assets, including partially built houses, exposed to the
extreme
86
elements of southeastern Utah;
}
7. Page
4, Lines 90 through 93
:
90
governmental and private financial institutions, the beneficiaries would benefit from the
91
expenditure of
UNTF
}
oil and gas royalty
money for economic development
in San Juan County;
92
WHEREAS, the
UNTF
}
oil and gas royalties
should be actively
administered in these areas of need for the
93
health, education, and general welfare of the beneficiaries;
8. Page
4, Lines 94 through 95
:
94
WHEREAS, the Federal Acts provide no mechanism for the state of Utah to resign
as
95
UNTF
}
trustee
of the oil and gas royalties
;
9. Page
4, Lines 110 through 113
:
110
WHEREAS, the UDC's proposed amended bylaws position the Utah Dinéh to play
111
important roles in
UNTF
}
oil and gas royalties
administration and oversight,
require that the overall value of the
112
UNTF
}
oil and gas royalties' assets
, currently estimated at approximately
$55,000,000, be maintained and, if consistent with
113
applicable law and
UNTF
}
oil and gas royalties
purposes, grown;
10. Page
4, Line 114
:
114
WHEREAS, the UDC's proposed amended bylaws require that any
UNTF
}
oil and gas
assets made
11. Page
5, Lines 125 through 126
:
125
WHEREAS, the members of each Utah chapter of the Navajo Nation have
previously
126
resolved to support the UDC's effort to become the
UNTF
}
trustee
of the oil and
gas royalties
;
12. Page
5, Lines 127 through 130
:
127
WHEREAS, this support will again be ensured by means deemed reasonable and
128
reliable prior to any transfer of
UNTF
}
oil and gas royalties
administration to
the UDC;
129
WHEREAS, the San Juan County Board of Commissioners unanimously supports
130
transfer of administrative and fiduciary obligations for the
UNTF
}
oil and gas
royalties
to the UDC;
13. Page
5, Lines 134 through 139
:
134
WHEREAS, the UDC intends to administer the
UNTF
}
oil and gas
royalties
pursuant to all applicable laws
135
and regulations, including the common law of Indian trusts that imposes strict and
exacting
136
fiduciary obligations upon any trustee administering the property of Native Americans;
and
137
WHEREAS, any transfer of
UNTF
}
oil and gas royalties
administrative
and fiduciary obligations to the UDC
138
must ensure that the state of Utah is indemnified and held harmless for any liability,
damages,
139
or litigation costs resulting from
UNTF
}
oil and gas royalties
administration:
14. Page
5, Lines 140 through 143
:
140
NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah,
the
141
Governor concurring therein, expresses its
intent to
}
support for the
transfer
all
{
Utah Navajo Trust Fund
}
oil and gas royalties
142
administrative and fiduciary obligations to the Utah Dinéh Corporation conditioned on
removal
143
of the state as trustee, by an act of Congress
15. Page
5, Lines 144 through 148
:
144
BE IT FURTHER RESOLVED that the Legislature and the Governor declare that
any
145
transfer of
Utah Navajo Trust Fund
}
oil and gas royalties
administrative and
fiduciary obligations to the Utah Dinéh
146
Corporation by Congressional act
147
from any and all legal and equitable claims arising from future
Utah Navajo Trust
Fund
}
oil and gas royalties
148
administration by the Utah Dinéh Corporation and for litigation costs related to any
claims.
16. Page
5, Line 149 through Page 6, Line 153
:
149
BE IT FURTHER RESOLVED that the Legislature and the Governor declare that
any
150
transfer of Utah Navajo Trust Fund administrative and fiduciary obligations to the Utah
Dinéh
151
Corporation should require that the value of fixed and monetary Utah Navajo Trust Fund
assets
152
remain at least at current levels so that funds will be available to promote future
generations of
153
Utah Navajo Trust Fund beneficiaries' health, education, and general welfare
17. Page
6, Lines 154 through 157
:
154
BE IT FURTHER RESOLVED that the Legislature and the Governor declare that, if
155
the foregoing objectives are ensured, the Legislature and the Governor support action by
156
Congress
Utah Navajo Trust
Fund's
}
oil and gas royalties
administrative and fiduciary obligations to
157
the Utah Dinéh Corporation.
Respectfully,
Committee Chair
3 HCR011.HC1.wpd 3/5/13 6:51 pm ballred/JBA PO/BRH
Bill Number