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First Substitute S.B. 24
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 1, 2010 at 12:16 PM by rday. -->
8 LONG TITLE
9 General Description:
10 This bill modifies provisions relating to the collection and distribution of revenues from
11 federal land exchange parcels.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . provides that 50% of the revenue generated from oil shale leases on federal land
16 exchange parcels, net of amounts paid to the United States pursuant to a reserved
17 interest of the United States in oil shale, shall be deposited in the Land Exchange
18 Distribution Account;
19 . modifies the calculation of administrative costs related to the collection and
20 distribution of revenue from federal land exchange parcels;
21 . provides that 1% of the monies in the Land Exchange Distribution Account shall be
22 distributed to the Geological Survey for test wells, other hydrologic studies, and air
23 quality monitoring in the West Desert;
24 . reduces the amount of money distributed from the Land Exchange Distribution
25 Account to the Permanent Community Impact Fund from 7.5% to 6.5% of the
27 . provides a repeal date; and
28 . makes technical amendments.
29 Monies Appropriated in this Bill:
31 Other Special Clauses:
33 Utah Code Sections Affected:
35 53C-3-201, as last amended by Laws of Utah 2007, Chapter 303
36 53C-3-202, as last amended by Laws of Utah 2007, Chapter 303
37 53C-3-203, as last amended by Laws of Utah 2008, Chapter 216
38 63I-1-253, as last amended by Laws of Utah 2009, Chapter 299
40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 53C-3-201 is amended to read:
42 53C-3-201. Definitions.
43 As used in this part:
44 (1) "Acquired lands" means [
46 (2) "Acquired mineral interests" means mineral interests acquired by the administration
47 pursuant to Section 3(F), (K), (L), or (M) of the agreement.
48 (3) "Agreement" means the Agreement to Exchange Utah School Trust Lands Between
49 the State of Utah and the United States of America, signed May 8, 1998, as ratified by the Utah
50 School and Lands Exchange Act of 1998, Pub. L. No. 105-335.
51 (4) "Exchange" means [
52 and the United States of America after March 1, 2007 that is directed by Congressional action.
53 (5) "Exchanged lands" means [
54 (a) acquired by the administration through an exchange[
55 (b) reduced in value to take into account the presence of minerals subject to leasing
56 under the Mineral Leasing Act, 30 U.S.C. Sec. 181 et seq.
Senate 2nd Reading Amendments 2-1-2010 rd/aos(6) "Exchanged mineral interests" means mineral interests:
58 (a) acquired by the administration through an exchange[
59 (b) reduced in value to take into account the presence of minerals subject to leasing
60 under the Mineral Leasing Act, 30 U.S.C. Sec. 181 et seq.
61 (7) "Identified tracts" means the tracts identified in Section 3(F), (G), (J), (K), (L), and
62 (M) of the agreement, generally referred to as the Cottonwood Tract, Westridge Coal Tract,
63 Ferron Field, Mill Fork Tract, Dugout Canyon Tract, Muddy Tract, and North Horn Coal Tract.
64 (8) "Subject mineral" means [
65 Leasing Act, 30 U.S.C. Sec.181 et seq.[
66 Section 2. Section 53C-3-202 is amended to read:
67 53C-3-202. Collection and distribution of revenues from federal land exchange
69 (1) The director shall collect all bonus payments, rentals, and royalties from the lease
71 (a) minerals on acquired lands;
72 (b) acquired mineral interests;
73 (c) minerals on exchanged lands; and
74 (d) exchanged mineral interests.
75 (2) [
76 quarter, the director shall S. distribute .S :
77 (a) [
78 S. [
79 and gas, and coalbed methane on the identified tracts as follows:
80 (i) 50% to the United States; and
81 (ii) 50% to the Land Exchange Distribution Account created in Section 53C-3-203 ;
82 (b) [
83 S. [
84 minerals on the acquired lands and the lease of acquired mineral interests as follows:
85 (i) 50% to the Land Grant Management Fund created by Section 53C-3-101 ; and
86 (ii) 50% to the Land Exchange Distribution Account created in Section 53C-3-203 ;
Senate 2nd Reading Amendments 2-1-2010 rd/aos(c) [
89 S. [
89a revenue generated from
90 the lease of subject minerals, other than oil shale, on exchanged lands or from the lease of
91 exchanged mineral interests, other than interests in oil shale, S. [
91a (i) 50% to the Land Grant Management Fund created by Section 53C-3-101; and
91b (ii) 50% to .S the Land Exchange Distribution
92 Account created in Section 53C-3-203 [
93 (d) S. [
94 lease of oil shale on exchanged lands or the lease of exchanged mineral interests that are
95 interests in oil shale, net of amounts paid to the United States pursuant to a reserved interest of
96 the United States in oil shale, S. [
96a (i) 50% to the Land Grant Management Fund created by Section 53C-3-101; and
96b (ii) 50% to .S the Land Exchange Distribution Account created in Section
97 53C-3-203 .
98 (3) (a) [
99 of the monies collected under Subsection (1) to pay for administrative costs incurred under
101 (b) [
102 administrative costs before [
103 Subsection (2).
104 (c) The director may not deduct administrative costs from the portion of collections
105 derived from minerals on exchanged lands or exchanged mineral interests that is equal to the
106 United States' reserved interest in oil shale.
120 (f) The director shall distribute in accordance with Subsection (2) the unused balance
121 of the monies retained under Subsection (3)(a) that exceeds $2,000,000 at the end of a fiscal
123 Section 3. Section 53C-3-203 is amended to read:
124 53C-3-203. Land Exchange Distribution Account.
125 (1) As used in this section, "account" means the Land Exchange Distribution Account
126 created in Subsection (2)(a).
127 (2) (a) There is created within the General Fund a restricted account known as the Land
128 Exchange Distribution Account.
129 (b) The account shall consist of [
131 (3) (a) The state treasurer shall invest monies in the account according to Title 51,
132 Chapter 7, State Money Management Act.
133 (b) The Division of Finance shall deposit interest or other earnings derived from
134 investment of account monies into the General Fund.
135 (4) [
137 (a) 55% of all deposits made to the account to counties in amounts proportionate to the
138 amounts of mineral revenue generated from the acquired land, exchanged land, acquired
139 mineral interests, or exchanged mineral interests located in each county, to be used to mitigate
140 the impacts caused by mineral development;
141 (b) 25% of all deposits made to the account to counties in amounts proportionate to the
142 total surface and mineral acreage within each county that was conveyed to the United States
143 under the agreement or an exchange, to be used to mitigate the loss of mineral development
144 opportunities resulting from the agreement or exchange;
145 (c) 1.68% of all deposits made to the account to the State Board of Education, to be
146 used for education research and experimentation in the use of staff and facilities designed to
147 improve the quality of education in Utah;
148 (d) 1.66% of all deposits made to the account to the Geological Survey, to be used for
149 natural resources development in the state;
151 State University, to be used for water development in the state; and
152 (f) 7.5% of all deposits made to the account to the Constitutional Defense Restricted
153 Account created in Section 63C-4-103 .
154 (5) [
155 Legislature shall annually appropriate from the account [
156 account to the Geological Survey, to be used for test wells [
157 air quality monitoring in the West Desert.
158 (6) [
159 Legislature shall annually appropriate from the account [
160 account to the Permanent Community Impact Fund created in Section 9-4-303 , to be used for
161 grants to political subdivisions of the state to mitigate the impacts resulting from the
162 development or use of school and institutional trust lands.
163 Section 4. Section 63I-1-253 is amended to read:
164 63I-1-253. Repeal dates, Titles 53, 53A, and 53B.
165 The following provisions are repealed on the following dates:
166 (1) Section 53-3-232 , Conditional licenses, is repealed July 1, 2015.
167 (2) Title 53A, Chapter 1a, Part 6, Public Education Job Enhancement Program is
168 repealed July 1, 2010.
169 (3) Title 53A, Chapter 1a, Part 9, Voluntary Extended-day Kindergarten Program, is
170 repealed July 1, 2011.
171 (4) The State Instructional Materials Commission, created in Section 53A-14-101 , is
172 repealed July 1, 2011.
173 (5) Section 53A-17a-163 , Performance-based Compensation Pilot Program is repealed
174 July 1, 2011.
175 (6) Subsection 53C-3-203 (5), which provides for the distribution of monies from the
176 Land Exchange Distribution Account to the Geological Survey for test wells, other hydrologic
177 studies, and air quality monitoring in the West Desert, is repealed July 1, 2020.
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