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5 AN ACT RELATING TO MINERAL LEASE REVENUE; ALLOCATING MINERAL LEASE
6 REVENUE FROM TRUST LANDS ACQUIRED THROUGH A LAND EXCHANGE WITH
7 THE FEDERAL GOVERNMENT; h PROVIDING THAT ADDITIONAL IN LIEU PAYMENTS BE MADE
7a TO COUNTIES OF THE FIFTH OR SIXTH CLASS UNDER CERTAIN CIRCUMSTANCES; h
7b TERMINATING A MANDATORY ANNUAL
8 APPROPRIATION FROM THE GENERAL FUND TO THE BOARD OF REGENTS MADE IN
9 LIEU OF AN APPROPRIATION OF MINERAL LEASE MONEY; CLARIFYING THE
10 CONTENTS AND OPERATION OF THE MINERAL LEASE ACCOUNT; SPECIFYING USES
11 OF THE PERMANENT COMMUNITY IMPACT FUND; MAKING TECHNICAL CHANGES;
12 S [
13 This act affects sections of Utah Code Annotated 1953 as follows:
15 9-4-302, as last amended by Chapter 326, Laws of Utah 1995
16 9-4-303, as last amended by Chapters 4 and 127, Laws of Utah 1993
17 9-4-305, as last amended by Chapter 326, Laws of Utah 1995
18 9-4-307, as last amended by Chapter 78, Laws of Utah 1993
19 9-15-102, as enacted by Chapter 368, Laws of Utah 1999
20 53C-3-201, as enacted by Chapter 368, Laws of Utah 1999
21 53C-3-202, as enacted by Chapter 368, Laws of Utah 1999
22 59-21-1, as last amended by Chapter 102, Laws of Utah 1999
23 59-21-2, as last amended by Chapter 371, Laws of Utah 1999
24 63C-4-103, as enacted by Chapter 371, Laws of Utah 1999
26 59-21-4, as enacted by Chapter 368, Laws of Utah 1999
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 9-4-302 is amended to read:
29 9-4-302. Definitions.
30 As used in this part:
31 (1) "Acquired lands" is as defined in Section 53C-3-201 .
32 (2) "Acquired mineral interests" is as defined in Section 53C-3-201 .
34 (a) that portion of the bonus payments received by the United States government under the
35 Leasing Act paid to the state under Section 35 of the Leasing Act, together with any interest that
36 had accrued on those payments[
37 (b) bonus payments collected by the School and Institutional Trust Lands Administration
38 created by Section 53C-1-201 from the lease of:
39 (i) minerals on acquired lands; or
40 (ii) acquired mineral interests.
42 under Section 9-4-304 .
46 et seq.[
48 service district, special improvement district, water conservancy district, water [
49 district, sewer improvement district, housing authority, building authority, school district, or public
50 postsecondary institution organized under the laws of this state.
51 Section 2. Section 9-4-303 is amended to read:
52 9-4-303. Impact fund -- Deposits and contents -- Use of fund monies.
53 (1) There is created an internal service fund entitled the "Permanent Community Impact
55 (2) The fund consists of:
56 (a) all amounts appropriated to the impact fund under Section 59-21-2 ;
57 (b) [
59 59-21-1 (2);
60 (c) [
61 53C-3-202 ;
62 (d) all amounts received for the repayment of loans made by the impact board under this
63 chapter [
64 (e) all other monies appropriated or otherwise made available to the impact fund by the
66 (3) The state treasurer shall:
67 (a) invest the monies in the impact fund by following the procedures and requirements of
68 Title 51, Chapter 7, State Money Management Act; and
69 (b) deposit all interest or other earnings derived from those investments into the impact
71 (4) The amounts in the impact fund available for loans, grants, administrative costs, or
72 other purposes of this part shall be limited to that which the Legislature appropriates for these
74 (5) Federal mineral lease revenue received by the state under the Leasing Act that is
75 deposited into the impact fund shall be used:
76 (a) in a manner consistent with:
77 (i) the Leasing Act; and
78 (ii) this part; and
79 (b) for loans, grants, or both to state agencies or subdivisions that are socially or
80 economically impacted by the leasing of minerals under the Leasing Act.
81 (6) Mineral lease revenue collected by the School and Institutional Trust Lands
82 Administration from the lease of minerals on acquired lands or the lease of acquired mineral
83 interests that is deposited into the impact fund shall be used:
84 (a) in a manner consistent with this part; and
85 (b) for loans, grants, or both to state agencies or subdivisions socially or economically
86 impacted by the leasing of:
87 (i) minerals on acquired lands; or
88 (ii) acquired mineral interests.
89 Section 3. Section 9-4-305 is amended to read:
90 9-4-305. Duties -- Loans -- Interest.
91 (1) The impact board shall:
92 (a) make[
93 appropriated by the Legislature out of the impact fund to state agencies and to subdivisions that
94 are or may be socially or economically impacted, directly or indirectly, by mineral resource
95 development for:
96 (i) planning;
97 (ii) construction and maintenance of public facilities; and
98 (iii) provision of public services;
99 (b) establish the criteria by which the loans and grants will be made;
100 (c) determine the order in which projects will be funded;
101 (d) in conjunction with other agencies of the state or of subdivisions conduct studies,
102 investigations, and research into the effects of proposed mineral resource development projects
103 upon local communities;
104 (e) sue and be sued in accordance with applicable law;
105 (f) qualify for, accept, and administer grants, gifts, loans, or other funds from the federal
106 government and from other sources, public or private; and
107 (g) perform other duties assigned to it under Sections 11-13-29 and 11-13-30 .
108 (2) Monies, including all loan repayments and interest, in the impact fund derived from
109 bonus payments may be used for any of the purposes set forth in Subsection (1)(a) but may only
110 be given in the form of loans to be paid back into the impact fund by the agency or subdivision.
111 (3) The average annual return to the impact fund on all bonus monies may not be less than
113 during the most recent fiscal year in which bonds were sold.
114 (4) (a) "Provision of public services" under Subsection (1)(a) includes contracts with
115 public postsecondary institutions to fund research, education, or public service programs that[
116 benefit impacted counties or political subdivisions of the counties[
118 (b) Each contract under Subsection (4)(a) shall be:
119 (i) based on an application to the impact board from the impacted county; and
120 (ii) approved by the county legislative body.
121 (c) For purposes of this section, a land use plan is a public service program.
122 Section 4. Section 9-4-307 is amended to read:
123 9-4-307. Impact fund administered by impact board -- Eligibility for assistance --
124 Review by board -- Administration costs -- Annual report.
125 (1) The impact board shall administer the impact fund in a manner which will keep a
126 portion of the impact fund revolving and shall determine provisions for repayment of loans.
127 (2) In order to receive assistance under this part, subdivisions shall submit formal
128 applications with such information as the impact board prescribes.
129 (3) (a) The impact board shall establish criteria for determining eligibility for assistance
130 under this part [
131 (b) Criteria for awarding loans or grants made from funds described in Subsection
132 9-4-303 (5) shall be consistent with Subsection 9-4-303 (5).
133 (c) Criteria for awarding loans or grants made from funds described in Subsection
134 9-4-303 (6) shall be consistent with Subsections 9-4-303 (6) and 9-4-305 (1)(a).
135 (d) In determining eligibility for loans and grants under this part, the impact board shall
136 consider the following:
139 subdivision directly or indirectly;
142 or other securities in the open market, and its current and authorized indebtedness, except that the
143 impact board may not fund any education project which could otherwise have reasonably been
144 funded by a school district through a program of annual budgeting, capital budgeting, bonded
145 indebtedness, or special assessments;
150 development in an area;
153 services of the actual or prospective natural resource development in an area; and
155 in Title 63, Chapter 51, Resource Development, or otherwise.
157 liability to repay loans for extenuating circumstances.
159 or grants prior to approval and may condition approval on [
160 board [
161 used in accordance with [
162 (6) Any loan shall specify the terms for repayment and shall be evidenced by general
163 obligation, special assessment, or revenue bonds, notes, or other obligations of the appropriate
164 subdivision issued to the impact board pursuant to such authority for the issuance thereof as may
165 exist at the time of the loan.
167 funds that are appropriated by the Legislature for the administration of the impact fund, but this
168 amount may not exceed 2% of the annual receipts to the impact fund.
170 number and type of loans and grants made as well as a list of subdivisions which received this
175 Section 5. Section 9-15-102 is amended to read:
176 9-15-102. Rural Electronic Commerce Communications System Fund -- Deposits and
177 contents -- Interest -- Administration.
178 (1) In order to preserve and promote communications systems, such as broadcast
179 television, in the rural areas of the state, there is created a fund entitled the Rural Electronic
180 Commerce Communications System Fund.
181 (2) The fund shall consist of:
182 (a) monies deposited to the fund under this chapter;
183 (b) monies deposited to the fund under [
184 (c) bond proceeds from the issuance and sale of revenue bonds authorized under
185 Subsection 9-15-104 (2).
186 (3) The fund shall earn interest, which shall be deposited in the fund.
187 (4) Any unallocated balance in the fund at the end of a fiscal year shall be nonlapsing.
188 (5) The division may use fund monies for administration of the fund, but not to exceed 2%
189 of the annual receipts to the fund.
190 Section 6. Section 53C-3-201 is amended to read:
191 53C-3-201. Definitions.
192 As used in this part:
193 (1) "Acquired lands" means those lands acquired by the administration under the
195 (2) "Acquired mineral interests" means mineral interests acquired by the administration
196 pursuant to Section 3(F), (K), (L), or (M) of the agreement.
198 Between the State of Utah and the United States of America, signed May 8, 1998, as ratified by
199 the Utah School and Lands Exchange Act of 1998, Pub. L. 105-335.
201 and (M) of the agreement, generally referred to as the Cottonwood Tract, Westridge Coal Tract,
202 Ferron Field, Mill Fork Tract, Dugout Canyon Tract, Muddy Tract, and North Horn Coal Tract.
205 amended through the date of enactment of this part.
206 Section 7. Section 53C-3-202 is amended to read:
207 53C-3-202. Collection and distribution of revenues from federal land exchange
209 (1) The director is responsible for the collection of all bonus [
210 royalties from the lease of:
211 (a) minerals on [
212 (b) acquired mineral interests.
213 (2) The director shall [
214 (a) except as provided in Subsections (3) and (4), no later than the last day of the second
215 month following each calendar quarter, distribute all bonus [
216 the calendar quarter from the lease of coal, oil and gas, and coalbed methane on the identified
217 tracts [
218 (i) 50% to the United States [
219 (ii) h [
219a 9-4-303 ;
220 (iii) h [
220a 63C-4-103 ;
221 (iv) h (A) BEGINNING ON JULY 1, 2000, THROUGH JUNE 30, 2001, 15% TO THE MINERAL
221a BONUS ACCOUNT CREATED BY SECTION 59-21-2; AND
221b (B) BEGINNING ON JULY 1, 2001, h 15% to the Rural Electronic Commerce Communications
221c System Fund created by
222 Section 9-15-102 ; and
223a h [
225 h [
226 distribute all [rentals and royalties] bonus payments received during [each] the calendar quarter
227 from the lease of subject [mineral leases] minerals on acquired lands, other than identified tracts,
228 as follows:
229 (i) 50% to the Land Grant Management Fund created by Section 53C-3-101 ;
230 (ii) 47.16% to the Permanent Community Impact Fund created by Section 9-4-303 ; and
231 (iii) 2.84% to the Rural Development Fund created by Section 9-14-102 ; and
233 month following each calendar quarter, distribute all rentals and royalties received during the
234 calendar quarter from the lease of subject minerals on the acquired lands [
236 (i) 50% to the Land Grant Management Fund created [
237 (ii) h [
238 (iii) h [
238a 63C-4-103 ;
239 (iv) 7.5% to the Rural Electronic Commerce Communications System Fund created by
240 Section 9-15-102 ; and
244 (3) Notwithstanding Subsections (2)(a) h [
244a required by
245 Subsection (2)(a)(iii) h [
245a Constitutional Defense
246 Restricted Account to exceed $2,000,000, the director shall h [
247 (a) reduce the distribution required by Subsection (2)(a)(iii), (2)(c)(iii), or both so that the
248 distribution will cause the balance of the Constitutional Defense Restricted Account to be
249 $2,000,000; and
251a h (a) WHAT THE TOTAL BALANCE OF THE CONSTITUTIONAL DEFENSE RESTRICTED
251b ACCOUNT WOULD BE IF, BUT FOR THIS SUBSECTION (3), A DISTRIBUTION DESCRIBED IN
251c SUBSECTION (2)(a)(iii), (2)(b)(iii), OR (4) WAS MADE; AND h
252 h [
253 (A) the bonus payments described in Subsection (2)(a) that, but for this Subsection (3),
254 would be deposited into the Constitutional Defense Restricted Account under Subsection
255 (2)(a)(iii); and
256 (B) the rentals and royalties described in Subsection (2)(c) that, but for this Subsection (3),
257 would be deposited into the Constitutional Defense Restricted Account under Subsection
258 (2)(c)(iii); and
260 h [
261 Rural Electronic Commerce Communications System Fund required by Subsections (2)(a)(iv) and
262 (2)(c)(iv) exceed $750,000 in any fiscal year, the director shall distribute to the Permanent
263 Community Impact Fund an amount equal to the difference between:
264 (a) the sum of:
265 (i) the bonus payments described in Subsection (2)(a) that, but for this Subsection (4),
266 would be deposited into the Rural Electronic Commerce Communications System Fund under
267 Subsection (2)(a)(iv); and
268 (ii) the rentals and royalties described in Subsection (2)(c) that, but for this Subsection (4),
269 would be deposited into the Rural Electronic Commerce Communications System Fund under
270 Subsection (2)(c)(iv); and
271 (b) $750,000.
271a (4) NOTWITHSTANDING SUBSECTIONS (2)(a) AND (b), AND EXCEPT AS PROVIDED IN
271b SUBSECTION (3), FOR FISCAL YEARS BEGINNING ON OR AFTER FISCAL YEAR 2000-01 THE
271c DIRECTOR SHALL DEPOSIT:
271d (a) THE FIRST $750,000 OF DISTRIBUTIONS REQUIRED BY SUBSECTIONS (2)(a)(iv) AND h
271e h (2)(b)(iv) INTO THE RURAL ELECTRONIC COMMERCE COMMUNICATIONS SYSTEM FUND; AND
271f (b) ANY AMOUNTS EXCEEDING THE $750,000 DESCRIBED IN SUBSECTION (4)(a) THAT
271g WOULD BE DISTRIBUTED INTO THE RURAL ELECTRONIC COMMERCE COMMUNICATIONS SYSTEM
271h FUND BUT FOR THIS SUBSECTION (4) INTO THE CONSTITUTIONAL DEFENSE RESTRICTED
271i ACCOUNT. h
273 (1) to pay for administrative costs incurred under Subsection (1).
274 (b) The administrative costs may be deducted prior to the distributions made under
275 Subsections (2)(a) h [
276 (c) The director shall keep the administrative cost deductions in separate accounts.
277 (d) (i) For purposes of this section, administrative costs:
278 (A) include:
279 (I) direct costs incurred by the administration [
280 (II) out-of-pocket expenditures incurred by the administration that are directly attributable
281 to leasing [
282 mineral interests; and
283 (B) shall be determined in a manner similar to that used by the federal government
284 pursuant to 30 U.S.C. Sec.191(b).
285 (ii) If the administration includes out-of-pocket expenditures under Subsection [
286 (5)(d)(i) in determining its costs, those expenditures may not be included in its general calculation
287 of direct costs.
288 (e) (i) At the end of each fiscal year, the director shall reconcile the amount actually spent
289 under Subsection [
290 (ii) The director shall distribute any excess from the reconciliation pursuant to
292 (iii) The director may retain an amount sufficient to cover the expected administrative
293 costs allowed under Subsection [
294 deduction for the subsequent fiscal year under Subsection [
295 Section 8. Section 59-21-1 is amended to read:
296 59-21-1. Disposition of federal mineral lease monies -- Priority to political
297 subdivisions impacted by mineral development -- Disposition of mineral bonus payments --
298 Appropriation of monies attributable to royalties from extraction of minerals on federal land
299 located within boundaries of Grand Staircase-Escalante National Monument.
300 (1) [
301 United States under the provisions of the Mineral Lands Leasing Act, 30 U.S.C. Sec. 181 et seq.,
305 state socially or economically impacted by development of minerals leased under the Mineral
306 Lands Leasing Act, for:
320 (2) Seventy percent of money received from [
323 Community Impact Fund and shall be used as provided in Title 9, Chapter 4, Part 3, Community
324 Impact Alleviation.
325 (3) Thirty percent of [
327 mineral lease bonus payments shall be deposited in the Mineral Bonus Account created by
328 Subsection 59-21-2 [
329 (4) (a) For purposes of [
330 (i) the "boundaries of the Grand Staircase-Escalante National Monument" means the
332 (A) established by Presidential Proclamation No. 6920, 61 Fed. Reg. 50,223 (1996); and
333 (B) modified by:
334 (I) Pub. L. No. 105-335, 112 Stat. 3139; and
335 (II) Pub. L. No. 105-355, 112 Stat. [
336 (ii) a special S [
337 within the boundaries of the Grand Staircase-Escalante National Monument if a portion of the
338 special S [
339 in Subsection (4)(a)(i).
340 (b) Beginning on July 1, 1999, the Legislature shall appropriate, as provided in
341 Subsections (4)(c) through [
342 to royalties from the extraction of minerals on federal land that, on September 18, 1996, was
343 located within the boundaries of the Grand Staircase-Escalante National Monument.
344 (c) The Legislature shall annually appropriate 40% of the monies described in Subsection
345 (4)(b) to the Department of Transportation to be distributed by the Department of Transportation
346 to special S [
347 (i) established by counties[
347a SERVICE DISTRICT ACT s ;
350 Mineral Lands Leasing Act; and
354 Subsection (4)(c) in amounts proportionate to the amount of federal mineral lease money generated
355 by the county in which a special S [
357 Subsection (4)(b) to the State Board of Education to be distributed equally to school districts [
359 (i) socially or economically impacted by the development of minerals under the Mineral
360 Lands Leasing Act; and
361 (ii) located within the boundaries of the Grand Staircase-Escalante National Monument.
363 Subsection (4)(b) to the Utah Geological Survey to facilitate the development of energy and
364 mineral resources in counties that are:
365 (i) socially or economically impacted by the development of minerals under the Mineral
366 Lands Leasing Act; and
367 (ii) located within the boundaries of the Grand Staircase-Escalante National Monument.
369 shall be deposited annually into the State School Fund established by Utah Constitution Article
370 X, Section 5.
371 Section 9. Section 59-21-2 is amended to read:
372 59-21-2. Definitions -- Mineral Bonus Account created -- Contents -- Use of Mineral
373 Bonus Account money -- Mineral Lease Account created -- Contents -- Appropriation of
374 monies from Mineral Lease Account.
375 (1) As used in this section:
376 (a) "Acquired lands" is as defined in Section 53C-3-201 .
377 (b) "Acquired mineral interests" is as defined in Section 53C-3-201 .
379 (b) [
380 of federal mineral lease bonus payments deposited pursuant to Subsection 59-21-1 (3) [
382 (c) The Legislature shall [
383 Account in accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec.
385 (d) The state treasurer shall:
386 (i) invest the money in the Mineral Bonus Account by following the procedures and
387 requirements of Title 51, Chapter 7, State Money Management Act; and
388 (ii) deposit all interest or other earnings derived from the account into the Mineral Bonus
390 (3) (a) The Mineral Lease Account is created within the General Fund.
391 (b) The Mineral Lease Account consists of:
392 (i) federal mineral lease money deposited pursuant to Subsection 59-21-1 (1); and
393 (ii) rentals and royalties from the lease of the following deposited pursuant to Section
394 53C-3-202 :
395 (A) minerals on acquired lands; or
396 (B) acquired mineral interests.
398 provided in Subsection 59-21-1 (1) and this Subsection [
401 of all deposits made to the Mineral Lease Account to the Permanent Community Impact Fund
402 established by Section 9-4-303 .
439 Mineral Lease Account to the State Board of Education, to be used for education research and
440 experimentation in the use of staff and facilities designed to improve the quality of education in
443 Mineral Lease Account to the Utah Geological Survey, to be used for activities carried on by the
444 survey having as a purpose the development and exploitation of natural resources in the state.
446 Mineral Lease Account to the Water Research Laboratory at Utah State University, to be used for
447 activities carried on by the laboratory having as a purpose the development and exploitation of
448 water resources in the state.
450 Department of Transportation 40% of all deposits made to the Mineral Lease Account to [
453 (A) counties;
454 (B) special S SERVICE s districts established:
455 (I) by counties;
456 (II) under Title 17A S , CHAPTER 2, PART 13, UTAH SPECIAL SERVICE DISTRICT ACT s ; and
457 (III) for the purpose of constructing, repairing, [
458 (C) special S SERVICE s districts established:
459 (I) by counties;
460 (II) under Title 17A S , CHAPTER 2, PART 13, UTAH SPECIAL SERVICE DISTRICT ACT s ; and
461 (III) for other purposes authorized by statute[
463 Transportation [
464 (A) in amounts proportionate to the amount of mineral lease money generated by each
465 county; and
466 (B) to a county or special S SERVICE s district established by a county under Title 17A,
466a S CHAPTER 2, PART 13, UTAH SPECIAL SERVICE DISTRICT ACT, s as determined
467 by the county legislative body.
468 (i) (i) The Legislature shall annually appropriate 5% of all deposits made to the Mineral
469 Lease Account to the Department of Community and Economic Development to be distributed to:
470 (A) special S [
492 (I) by counties;
493 (II) under Title 17A S , CHAPTER 2, PART 13, UTAH SPECIAL SERVICE DISTRICT ACT s ; and
494 (III) for the purpose of constructing, repairing, or maintaining roads; or
495 (B) special S SERVICE s districts established:
496 (I) by counties;
497 (II) under Title 17A S , CHAPTER 2, PART 13, UTAH SPECIAL SERVICE DISTRICT ACT s ; and
498 (III) for other purposes authorized by statute.
499 (ii) The Department of Community and Economic Development may distribute the
500 amounts described in Subsection (3)(i)(i) only to special S SERVICE s districts established under
500a Title 17A S , CHAPTER 2, PART 13, UTAH SPECIAL SERVICE DISTRICT ACT, s by
506 Subsection (3)(i)(iii) by the development of:
507 (I) minerals under the Mineral Lands Leasing Act, 30 U.S.C. Sec. 191[
509 (II) minerals on acquired lands; or
510 (III) acquired mineral interests.
511 (iii) The significant social or economic impact required under Subsection (3)(i)(ii)(C) shall
512 be as a result of:
513 (A) the transportation within the county of hydrocarbons, including solid hydrocarbons
514 as defined in Section 59-5-101 [
515 (B) the employment of persons residing within the county in hydrocarbon extraction,
516 including the extraction of solid hydrocarbons as defined in Section 59-5-101 [
534 (C) a combination of Subsections (3)(i)(iii)(A) and (B).
536 (3)(i) to special S [
536a S , CHAPTER 2, PART 13, UTAH SPECIAL SERVICE DISTRICT ACT s , the Department
537 of Community and Economic Development shall:
538 (A) (I) allocate 50% of the appropriations equally among the counties meeting the
539 requirements of Subsections [
540 (II) allocate 50% of the appropriations based on the ratio that the population of each county
541 meeting the requirements of Subsections [
542 the total population of all of the counties meeting the requirements of Subsections [
544 (B) after making the allocations described in Subsection [
545 distribute the allocated revenues to special S [
546 by the counties S UNDER TITLE 17A, CHAPTER 2, PART 13, UTAH SPECIAL SERVICE DISTRICT ACT, s as
546a determined by the executive director of the Department of Community and
547 Economic Development after consulting with the county legislative bodies of the counties meeting
548 the requirements of Subsection [
549 (v) The executive director of the Department of Community and Economic Development:
550 (A) shall determine whether a county meets the requirements of Subsections (3)(i)(ii) and
552 (B) shall distribute the appropriations under Subsection (3)(i)(i) to special S SERVICE s districts
553 established by counties under Title 17A S , CHAPTER 2, PART 13, UTAH SPECIAL SERVICE
553a DISTRICT ACT, s that meet the requirements of Subsections (3)(i)(ii) and
554 (iii); and
555 (C) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, may
556 make rules:
557 (I) providing a procedure for making the distributions under this Subsection (3)(i) to
558 special S SERVICE s districts; and
559 (II) defining the term "population" for purposes of Subsection (3)(i)(iv).
561 Mineral Lease Account:
563 institutional trust lands, lands owned by the Division of Parks and Recreation, and lands owned
564 by the Division of Wildlife Resources that are not under an in lieu of taxes contract, to each county
565 in which those lands are located;
567 federal government after December 31, 1992, an amount equal to the number of transferred acres
568 in the county multiplied by a payment per acre equal to the difference between 52 cents per acre
569 and the per acre payment made to that county in the most recent payment under the federal
570 payment in lieu of taxes program, 31 U.S.C. Sec. 6901 [
571 the federal payment was equal to or exceeded the 52 cents per acre, in which case [
574 federal in lieu of taxes program, are transferred to the school or institutional trust, an amount equal
575 to the number of transferred acres in the county multiplied by a payment per acre equal to the
576 difference between the most recent per acre payment made under the federal payment in lieu of
577 taxes program and 52 cents per acre, unless the federal payment was equal to or less than 52 cents
578 per acre, in which case [
579 for the transferred land h [
579a (D) TO A COUNTY OF THE FIFTH OR SIXTH CLASS, AN AMOUNT EQUAL TO THE PRODUCT
579c (I) $1,000; AND
579d (II) THE NUMBER OF RESIDENCES DESCRIBED IN SUBSECTION (3)(j)(iv) THAT ARE
579e LOCATED WITHIN THE COUNTY. h
580 (ii) S [
580a distribute the money to
581 special S SERVICE s districts established by the county under Title 17A S , CHAPTER 2, PART 13,
581a UTAH SPECIAL SERVICE DISTRICT ACT AS DETERMINED BY THE COUNTY LEGISLATIVE BODY s .
582 (iii) (A) Beginning in fiscal year 1994-95 and in each year after fiscal year 1994-95, the
583 Division of Finance shall increase or decrease the amounts per acre provided for in h [
584a Price Index for all urban consumers
585 published by the Department of Labor.
585a h (B) FOR FISCAL YEARS BEGINNING ON OR AFTER FISCAL YEAR 2001-02, THE DIVISION
585b OF FINANCE SHALL INCREASE OR DECREASE THE AMOUNT DESCRIBED IN SUBSECTION
585c (3)(j)(i)(D)(I) BY THE AVERAGE ANNUAL CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN
585d CONSUMERS PUBLISHED BY THE DEPARTMENT OF LABOR.
585e (iv) RESIDENCES DESCRIBED IN SUBSECTION (3)(j)(i)(D) ARE RESIDENCES THAT ARE:
585f (A) OWNED BY:
585g (I) THE DIVISION OF PARKS AND RECREATION; OR
585h (II) THE DIVISION OF WILDLIFE RESOURCES;
585i (B) LOCATED ON LANDS THAT ARE OWNED BY:
585j (I) THE DIVISION OF PARKS AND RECREATION; OR
585k (II) THE DIVISION OF WILDLIFE RESOURCES; AND
585l (C) ARE NOT SUBJECT TO TAXATION UNDER:
585m (I) CHAPTER 2; OR
585n (II) CHAPTER 4. h
589 Mineral Lease Account [
590 appropriations provided for in Subsections (3)(d) through (3)(j).
629 receiving money under this chapter shall provide the Legislature, through the Office of the
630 Legislative Fiscal Analyst, with a complete accounting of the use of that money on an annual basis.
632 (b) The accounting required under Subsection (4)(a) shall:
634 current fiscal year, and planned expenditures for the following fiscal year; and
636 Subcommittee as part of its normal budgetary process under Title 63, Chapter 38, Budgetary
637 Procedures Act.
640 Section 10. Section 63C-4-103 is amended to read:
641 63C-4-103. Creation of Constitutional Defense Restricted Account -- Sources of
642 funds -- Uses of funds.
643 (1) There is created a restricted account within the General Fund known as the
644 Constitutional Defense Restricted Account.
645 (2) The account consists of monies from the following revenue sources:
646 (a) monies deposited to the [
647 by [
648 (b) voluntary contributions;
649 (c) monies received by the Constitutional Defense Council from other state agencies; and
650 (d) appropriations made by the Legislature.
651 (3) Funds in the account shall be nonlapsing.
656 Restricted Account to the Constitutional Defense Council to carry out its duties in Section
657 63C-4-102 .
658 Section 11. Repealer.
659 This act repeals:
660 Section 59-21-4, Revenues from land exchange parcels -- Distribution.
661 Section 12. Effective date.
662 This act takes effect on July 1, 2000.
662a S Section 13. Coordination clause.
662b (1) IF THIS BILL AND H.B. 207, USE OF CONSTITUTIONAL DEFENSE COUNCIL RESTRICTED
662c ACCOUNT, BOTH PASS, IT IS THE INTENT OF THE LEGISLATURE THAT IN SUBSECTION
662d 63C-4-103(6)(b) OF H.B. 207, USE OF CONSTITUTIONAL DEFENSE COUNCIL RESTRICTED ACCOUNT,
662e THE LANGUAGE "FROM THE MINERAL BONUS ACCOUNT" BE DELETED AND REPLACED WITH
662f "PURSUANT TO SECTION 53C-3-202".
662g (2) IF THIS BILL AND S.B. 10, COMMUNITY IMPACT ALLEVIATION - DEFINITIONS, BOTH PASS,
662h IT IS THE INTENT OF THE LEGISLATURE THAT IN SUBSECTION 9-4-307(1)(a)(iii) OF S.B. 10,
662i COMMUNITY IMPACT ALLEVIATION - DEFINITIONS, THE FOLLOWING LANGUAGE BE DELETED:
662j "THAT ARE CONSISTENT WITH THE PURPOSES OF SECTION 35 OF THE LEASING ACT" s
Legislative Review Note
as of 2-2-00 1:14 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.