{
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;
4, Line 114
114
WHEREAS, the UDC's proposed amended bylaws require that any
{
UNTF
}
oil and gas
assets made
9. 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
;
10. 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;
11. 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:
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
or a federal court order that can
then be used to encourage congressional action and that indemnifies and holds
harmless the state of Utah from any and all legal and equitable claims
.
12. 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
or federal court order
must also indemnify
and hold harmless the state of Utah
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.
13. 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
and
that the Utah Dineh Corporation should operate under bylaws that have the
protections described in this resolution
.
14. 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
or a federal court order
to transfer the
{
Utah Navajo Trust
Fund's
}
oil and gas royalties
administrative and fiduciary obligations to
157
the Utah Dinéh Corporation.
The motion to amend passed unanimously with Rep. Brown, Rep. Draxler, Rep. Mathis, Rep.
Nelson, Rep. Sagers, and Rep. Wilcox absent for the vote.
Rep. Noel introduced the resolution to the committee with the assistance of Mr. John Pace,
counsel, Utah Dinéh Corporation, and Mr. Kenneth Maryboy, San Juan County Commissioner and
Navajo Nation Councilor.
Spoke in favor of the resolution: Mr. Mark Maryboy, Utah Dinéh Corporation
Mr. Leonard Lee, Aneth Chapter, Navajo Nation
Mr. Kenny Victor, Teesnospos Chapter, Navajo Nation
Ms. Mary Benally, Mexican Water Chapter, Navajo Nation
Mr. Willie Grayeyes, Navajo Mountain Chapter, Navajo
Nation
Ms. Carol Tallis, Oljato Chapter, Navajo Nation
Ms. Evangeline Gray, Utah Dinéh Corporation
MOTION: Rep. Sagers moved to pass the resolution out favorably as amended. The motion
passed unanimously with Rep. Briscoe absent for the vote.
Rep. Noel resumed the chair.
H.B. 365 Swine Amendments (Rep. J. Mathis)
Rep. Mathis introduced the bill to the committee.
Spoke in favor of the bill: Sen. Hinkins, co-sponsor
Spoke to the bill: Mr. Sterling Brown, Utah Farm Bureau
Dr. Val Poll, Utah Veterinary Medical Association
MOTION: Rep. Wilcox moved to pass the bill out favorably as amended on March 4, 2013 .
The motion passed with Rep. Sagers and Rep. Wiley voting in opposition and Rep.
Briscoe absent for the vote.
H.B. 166 Water Rights Amendments (Rep. K. Ivory)
Rep. Ivory moved to amend the bill as follows:
1. Page
6, Lines 178 through 181
:
178
Section 3.
{
Division
}
Department
of Natural Resources study of
issues related to the state's
179
jurisdiction over water rights.
180
The
{
Division
}
Department
of Natural Resources shall:
181
(1) conduct a study of the state's jurisdiction over water rights, including:
2. Page
7, Lines 189 through 191
:
189
Section 4. Repeal date.
190
Section 3,
{
Division
}
Department
of Natural Resources study of
issues related to the state's
191
jurisdiction over water rights, is repealed on November 30, 2013.
The motion to amend passed unanimously with Rep. Briscoe, Rep. Mathis, Rep. Nelson, and Rep.
Wiley absent for the vote.
Rep. Ivory introduced the bill to the committee with the assistance of Mr. Sterling Brown, Utah
Farm Bureau.
Spoke in favor of the bill: Mr. Kent Jones, Utah State Engineer
MOTION: Rep. Christofferson moved to pass HB166 out favorably as amended. The motion
passed unanimously with Rep. Barrus, Rep. Briscoe, Rep. Nelson, and Rep. Wiley
absent for the vote.
H.J.R. 14 Joint Resolution on Water Rights (Rep. K. Ivory)
Rep. Ivory introduced the resolution to the committee.
MOTION: Rep. Draxler moved to pass the resolution out favorably. The motion passed
unanimously with Rep. Barrus, Rep. Briscoe, Rep. Nelson, Rep. Wilcox, and Rep.
Wiley absent for the vote.
MOTION: Rep. Mathis moved to adjourn the meeting. The motion passed unanimously with
Rep. Barrus, Rep. Briscoe, Rep. Nelson, Rep. Wilcox, and Rep. Wiley absent for
the vote.
Chair Noel adjourned the meeting at 6:51 p.m.
_________________________
Rep. Mike Noel, Chair