S.B. 113

1

UINTAH BASIN REVITALIZATION FUND
2 AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Beverly Ann Evans
6 This act modifies the Oil and Gas Severance tax to include in the diversion of severance taxes
7 to the Uintah Basin Revitalization Fund wells located on lands recently conveyed to the Ute
8 Tribe by the federal government. This act has retrospective operation to January 1, 2001.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 59-5-116, as last amended by Chapter 414, Laws of Utah 1998
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 59-5-116 is amended to read:
14 59-5-116. Disposition of certain taxes collected on Ute Indian land.
15 (1) Except as provided in Subsection (2), [commencing July 1, 1996,] there shall be
16 deposited into the Uintah Basin Revitalization Fund established in Section 9-10-102 :
17 (a) for taxes imposed under this part beginning on July 1, 1996, 33% of the taxes [imposed
18 and] collected [under Section 59-5-102 from all wells existing on or before June 30, 1995,
19 producing from] on oil [and], gas, or other hydrocarbon substances produced from a well:
20 (i) for which production began on or before June 30, 1995; and
21 (ii) attributable to interests:
22 [(i)] (A) held in trust by the United States for the Tribe and its members; [and] or
23 [(ii) until] (B) for taxes imposed under this part beginning on July 1, 1996, and ending on
24 December 31, 2004, on lands identified in Pub. L. No. 440, 62 Stat. 72 (1948); [and]
25 (b) for taxes imposed under this part beginning on July 1, 1996, 80% of taxes [imposed
26 and] collected [under Section 59-5-102 from new wells beginning production on or after July 1,
27 1995, producing from] on oil [and], gas, or other hydrocarbon substances produced from a well:

28 (i) for which production began on or after July 1, 1995; and
29 (ii) attributable to interests:
30 [(i)] (A) held in trust by the United States for the Tribe and its members; [and] or
31 [(ii) until] (B) for taxes imposed under this part beginning on July 1, 1996, and ending on
32 December 31, 2004, on lands identified in Pub. L. No. 440, 62 Stat. 72 (1948); and
33 (c) for taxes imposed under this part beginning on January 1, 2001, and ending on
34 December 31, 2006, 80% of taxes collected on oil, gas, or other hydrocarbon substances produced
35 from a well:
36 (i) for which production began on or after January 1, 2001; and
37 (ii) attributable to interests on lands conveyed to the tribe under the Ute-Moab Land
38 Restoration Act, Pub. L. No. 106-398, Sec. 3303.
39 (2) (a) The maximum amount deposited in the Uintah Basin Revitalization Fund may not
40 exceed $2,000,000 in [a given] any state fiscal year.
41 (b) Any amounts in excess of the maximum described in Subsection (2)(a) shall be
42 deposited into the General Fund.
43 Section 2. Retrospective operation.
44 This act has retrospective operation to January 1, 2001.




Legislative Review Note
as of 1-15-01 4:25 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel