1     
UTAH NAVAJO ROYALTIES AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kevin T. Van Tassell

5     
House Sponsor: Jack R. Draxler

6     Cosponsor:
David P. Hinkins

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions related to public funds and accounts to provide for a
11     Navajo Trust Fund to replace the Utah Navajo Royalties Holding Fund.
12     Highlighted Provisions:
13          This bill:
14          ▸     exempts the Navajo Trust Fund from the State Money Management Act;
15          ▸     defines terms;
16          ▸     creates the Navajo Trust Fund;
17          ▸     outlines the duties of the Division of Finance, state treasurer, and state auditor with
18     regard to the fund;
19          ▸     provides for the board of trustees of the fund;
20          ▸     outlines powers and duties of the board of trustees;
21          ▸     provides for the appointment of a trust administrator and, if necessary, the creation
22     of the Office of Trust Administrator;
23          ▸     outlines powers and duties of the trust administrator;
24          ▸     requires the attorney general to act as legal counsel to the board;
25          ▸     provides for consultation with state personnel;
26          ▸     addresses expenditures from the fund;
27          ▸     creates the Diné Advisory Committee and provides for its duties;
28          ▸     repeals provisions related to the Utah Navajo Royalties Holding Fund; and

29          ▸     makes technical changes.
30     Money Appropriated in this Bill:
31          None
32     Other Special Clauses:
33          This bill provides a special effective date.
34     Utah Code Sections Affected:
35     AMENDS:
36          51-7-2, as last amended by Laws of Utah 2013, Chapter 211
37     ENACTS:
38          51-10-101, Utah Code Annotated 1953
39          51-10-102, Utah Code Annotated 1953
40          51-10-201, Utah Code Annotated 1953
41          51-10-202, Utah Code Annotated 1953
42          51-10-203, Utah Code Annotated 1953
43          51-10-204, Utah Code Annotated 1953
44          51-10-205, Utah Code Annotated 1953
45          51-10-206, Utah Code Annotated 1953
46     REPEALS:
47          51-9-501, as enacted by Laws of Utah 2008, Chapter 202
48          51-9-502, as enacted by Laws of Utah 2008, Chapter 202
49          51-9-503, as enacted by Laws of Utah 2008, Chapter 202
50          51-9-504, as last amended by Laws of Utah 2014, Chapter 71
51     

52     Be it enacted by the Legislature of the state of Utah:
53          Section 1. Section 51-7-2 is amended to read:
54          51-7-2. Exemptions from chapter.
55          The following funds are exempt from this chapter:
56          (1) funds invested in accordance with the participating employees' designation or

57     direction pursuant to a public employees' deferred compensation plan established and operated
58     in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;
59          (2) funds of the Workers' Compensation Fund;
60          (3) funds of the Utah State Retirement Board;
61          (4) funds of the Utah Housing Corporation;
62          (5) endowment funds of higher education institutions;
63          (6) permanent and other land grant trust funds established pursuant to the Utah
64     Enabling Act and the Utah Constitution;
65          (7) the State Post-Retirement Benefits Trust Fund;
66          (8) the funds of the Utah Educational Savings Plan; [and]
67          (9) funds of the permanent state trust fund created by and operated under Utah
68     Constitution, Article XXII, Section 4[.]; and
69          (10) the funds in the Navajo Trust Fund.
70          Section 2. Section 51-10-101 is enacted to read:
71     
CHAPTER 10. NAVAJO TRUST FUND ACT

72     
Part 1. General Provisions

73          51-10-101. Title.
74          This chapter is known as the "Navajo Trust Fund Act."
75          Section 3. Section 51-10-102 is enacted to read:
76          51-10-102. Definitions.
77          As used in this chapter:
78          (1) "Administrative expenditure" means:
79          (a) an expenditure for professional services;
80          (b) per diem and travel expenses for the board and the Diné Advisory Committee; and
81          (c) expense reimbursements, salaries, and benefits for the trust administrator and the
82     trust administrator's staff.
83          (2) "Blue Mountain Diné" means the off-reservation Navajo community organization
84     known as the Blue Mountain Diné.

85          (3) "Board" means the board of trustees created in Section 51-10-202.
86          (4) "Business enterprise" means a sole proprietorship, partnership, corporation, limited
87     liability company, or other private entity organized to provide goods or services for a profit.
88          (5) "Diné Advisory Committee" means the committee created in Section 51-10-206.
89          (6) "Fund" means the Navajo Trust Fund created in Section 51-10-201.
90          (7) "Income" means the revenues from investments made by the state treasurer of the
91     fund principal.
92          (8) "Navajos" means San Juan County, Utah, Navajos.
93          (9) "Office of Trust Administrator" means the office created in Section 51-10-203.
94          (10) "Principal" means:
95          (a) the balance of the fund as of July 1, 2015; and
96          (b) the revenue to the fund from whatever source except income.
97          (11) "Service provider" means any of the following that provides a good or service to
98     Navajos:
99          (a) a business enterprise;
100          (b) a private nonprofit organization; or
101          (c) a government entity.
102          (12) "Trust administrator" means the trust administrator selected as provided in
103     Subsection 51-10-202(2).
104          (13) "Utah Navajo Chapter" means one of the following chapters of the Navajo Nation:
105          (a) Aneth Chapter;
106          (b) Mexican Water Chapter;
107          (c) Naatsis'áán Chapter;
108          (d) Oljato Chapter;
109          (e) Dennehotso Chapter;
110          (f) Red Mesa Chapter; and
111          (g) Teec Nos Pos Chapter.
112          Section 4. Section 51-10-201 is enacted to read:

113     
Part 2. Administration of Navajo Trust Fund

114          51-10-201. Fund created.
115          (1) There is created a private-purpose trust fund entitled the "Navajo Trust Fund."
116          (2) The fund consists of:
117          (a) revenue received by the state that represents the 37-1/2% of the net oil royalties
118     from the Aneth Extension of the Navajo Indian Reservation required by Pub. L. No. 72-403, 47
119     Stat. 141, to be paid to the state;
120          (b) money received by the trust administrator from a contract executed by:
121          (i) the trust administrator; or
122          (ii) the board;
123          (c) appropriations made to the fund by the Legislature, if any;
124          (d) income;
125          (e) money related to litigation, including settlement of litigation, related to the royalties
126     described in Subsection (2)(a);
127          (f) the balance of the Utah Navajo Royalties Holding Fund as of July 1, 2015, which
128     shall be transferred to the fund; and
129          (g) other revenue received from other sources.
130          (3) The trust administrator shall account for the receipt and expenditures of fund
131     money in accordance with Subsection 51-10-204(1)(m) and the policies and guidance of the
132     Division of Finance.
133          (4) (a) (i) The state treasurer shall invest the fund money with the primary goal of
134     providing for the stability, income, and growth of the principal.
135          (ii) Nothing in this section requires a specific outcome in investing.
136          (iii) The state treasurer may deduct any administrative costs incurred in managing fund
137     assets from earnings before distributing them.
138          (iv) (A) The state treasurer may employ professional asset managers to assist in the
139     investment of assets of the fund.
140          (B) The state treasurer may only provide compensation to asset managers from

141     earnings generated by the fund's investments.
142          (v) The state treasurer shall invest and manage the fund assets as a prudent investor
143     would, by:
144          (A) considering the purposes, terms, distribution requirements, and other
145     circumstances of the fund; and
146          (B) exercising reasonable care, skill, and caution in order to meet the standard of care
147     of a prudent investor.
148          (vi) In determining whether or not the state treasurer has met the standard of care of a
149     prudent investor, the judge or finder of fact shall:
150          (A) consider the state treasurer's actions in light of the facts and circumstances existing
151     at the time of the investment decision or action, and not by hindsight; and
152          (B) evaluate the state treasurer's investment and management decisions respecting
153     individual assets not in isolation, but in the context of a fund portfolio as a whole as a part of
154     an overall investment strategy that has risk and return objectives reasonably suited to the fund.
155          (b) (i) The fund shall earn interest.
156          (ii) The state treasurer shall deposit the interest or other revenue earned from
157     investment of the fund into the fund.
158          (5) The state auditor shall:
159          (a) conduct an annual audit of the fund's finances, internal controls, and compliance
160     with statutes, rules, and policies in accordance with Title 67, Chapter 3, Auditor; and
161          (b) deliver a copy of the annual audit report to the:
162          (i) board;
163          (ii) trust administrator;
164          (iii) Diné Advisory Committee;
165          (iv) Office of Legislative Research and General Counsel for presentation to the Native
166     American Legislative Liaison Committee, created in Section 36-22-1;
167          (v) governor's office;
168          (vi) Division of Indian Affairs;

169          (vii) Navajo Nation;
170          (viii) United States Bureau of Indian Affairs; and
171          (ix) United States Secretary of the Interior.
172          Section 5. Section 51-10-202 is enacted to read:
173          51-10-202. Board of trustees of the fund -- Trust administrator.
174          (1) (a) There is created a board of trustees of the fund composed of the following three
175     members:
176          (i) the state treasurer;
177          (ii) the director of the Division of Finance; and
178          (iii) the director of the Governor's Office of Management and Budget or the director's
179     designee.
180          (b) The state treasurer is chair of the board.
181          (c) Three members of the board is a quorum.
182          (d) A member may not receive compensation or benefits for the member's service, but
183     may receive per diem and travel expenses in accordance with:
184          (i) Section 63A-3-106;
185          (ii) Section 63A-3-107; and
186          (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
187     63A-3-107.
188          (2) (a) The board shall:
189          (i) contract with a person to act as trust administrator in accordance with Title 63G,
190     Chapter 6a, Utah Procurement Code, and when not provided for by this chapter, define the trust
191     administrator's duties; or
192          (ii) if unable to find a qualified person under Subsection (2)(a)(i) to act as trust
193     administrator for a reasonable cost, hire a qualified person to act as trust administrator and,
194     when not provided for in this chapter, define the trust administrator's duties.
195          (b) If the board hires a trust administrator under Subsection (2)(a)(ii), the board may
196     hire or authorize the trust administrator to hire other persons necessary to assist the trust

197     administrator and the board to perform the duties required by this chapter.
198          (3) The board shall:
199          (a) on behalf of the state, act as trustee of the fund and exercise the state's fiduciary
200     responsibilities;
201          (b) meet at least once every other month;
202          (c) review and approve the policies, projections, rules, criteria, procedures, forms,
203     standards, and performance goals established by the trust administrator;
204          (d) review and approve the fund budget prepared by the trust administrator;
205          (e) review the progress reports from programs financed by the fund;
206          (f) review financial records of the fund, including fund receipts, expenditures, and
207     investments; and
208          (g) do any other thing necessary to perform the state's fiduciary obligations under the
209     fund.
210          (4) The attorney general shall:
211          (a) act as legal counsel and provide legal representation to the board; and
212          (b) attend or direct an attorney from the attorney general's office to attend each meeting
213     of the board.
214          (5) The board may consult with knowledgeable state personnel to advise the board on
215     policy and technical matters.
216          Section 6. Section 51-10-203 is enacted to read:
217          51-10-203. Office of Trust Administrator.
218          (1) If the board hires a trust administrator under Subsection 51-10-202(2)(a)(ii), there
219     is created an Office of Trust Administrator.
220          (2) The trust administrator shall administer the office.
221          Section 7. Section 51-10-204 is enacted to read:
222          51-10-204. Trust administrator duties.
223          (1) Under the direction of the board, the trust administrator shall:
224          (a) review the documents and decisions highlighting the history of the fund, including:

225          (i) the Nelson report, prepared as part of the Bigman v. Utah Navajo Development
226     Council, Inc. C77-0031;
227          (ii) the November 1991 performance audit of the fund by the legislative auditor
228     general;
229          (iii) Sakezzie v. Utah Indian Affairs Commission, 198 F. Supp. 218 (1961);
230          (iv) Sakezzie v. Utah Indian Affairs Commission, 215 F. Supp. 12 (1963);
231          (v) the September 8, 1977, consent decree, the stipulation dated November 29, 1984,
232     modifying the consent decree, and the court's memorandum opinion dated September 25, 1978,
233     in Bigman v. Utah Navajo Development Council, Inc. C77-0031; and
234          (vi) rulings related to Pelt v. Utah;
235          (b) review all potential sources of fund revenues;
236          (c) prepare annual projections of money that will be available for Navajo programs;
237          (d) identify the property owned by the fund;
238          (e) establish and maintain a record system and retention schedule to retain records
239     relating to the fund's property and operations, including:
240          (i) records related to the ethics and conflict policy developed under Subsection (2)(c);
241          (ii) requests for proposals and proposals received;
242          (iii) contracts awarded;
243          (iv) project progress and completion reports;
244          (v) invoices; and
245          (vi) purchasing records;
246          (f) review the existing and proposed programs financed by the fund;
247          (g) evaluate whether the programs described in Subsection (1)(f) are the most practical
248     and cost-efficient means to provide the desired benefit to Navajos;
249          (h) consult regularly with the administrators of the programs financed by the fund to
250     obtain progress reports on the programs;
251          (i) attend all meetings of:
252          (i) the Diné Advisory Committee; and

253          (ii) the board;
254          (j) certify that the expenditures of the fund:
255          (i) comply with the state's fiduciary responsibilities as trustee of the fund; and
256          (ii) are consistent with this section;
257          (k) make an annual report:
258          (i) to the:
259          (A) board;
260          (B) governor; and
261          (C) Native American Legislative Liaison Committee, created in Section 36-22-1; and
262          (ii) that:
263          (A) identifies the source and amount of the revenue received by the fund;
264          (B) identifies the recipient, purpose, and amount of the expenditures from the fund;
265          (C) identifies specifically each of the fund's investments and the actual return and the
266     rate of return from each investment; and
267          (D) recommends any necessary statutory changes to improve administration of the fund
268     or to protect the state from liability as trustee;
269          (l) submit a written annual report to the:
270          (i) Division of Indian Affairs;
271          (ii) Navajo Nation;
272          (iii) United States Bureau of Indian Affairs; and
273          (iv) United States Secretary of the Interior;
274          (m) establish, in conjunction with the state treasurer and the Division of Finance,
275     appropriate accounting practices for the fund receipts, expenditures, and investments according
276     to generally accepted accounting principles;
277          (n) provide summary records of fund receipts, expenditures, and investments to the
278     board and to the Diné Advisory Committee at each of their meetings;
279          (o) pay administrative expenses from the fund;
280          (p) report monthly to the board about:

281          (i) the trust administrator's activities; and
282          (ii) the status of the fund; and
283          (q) call additional meetings of the Diné Advisory Committee when necessary.
284          (2) In conjunction with the Diné Advisory Committee and under the direction of the
285     board, the trust administrator shall:
286          (a) before the beginning of each fiscal year, establish a list of the needs of Navajos for
287     that year to be used for the annual budget;
288          (b) before the beginning of each fiscal year, develop and approve an annual budget for
289     the fund;
290          (c) develop an ethics and conflict of interest policy that emphasizes the need to avoid
291     even the appearance of conflict of interest or impropriety that is to apply to:
292          (i) the trust administrator;
293          (ii) the trust administrator's staff; and
294          (iii) the Diné Advisory Committee;
295          (d) require the trust administrator, each of the trust administrator's staff, and each
296     member of the Diné Advisory Committee to sign and keep on file written documentation that
297     acknowledges:
298          (i) their receipt of the ethics and conflict of interest policy described in Subsection
299     (2)(c); and
300          (ii) their willingness to abide by the ethics and conflict of interest policy described in
301     Subsection (2)(c); and
302          (e) make expenditures from the fund:
303          (i) "for the health, education, and general welfare of the Navajo Indians residing in San
304     Juan County" as required by:
305          (A) Pub. L. No. 72-403, 47 Stat. 1418 (1933);
306          (B) Pub. L. No. 90-306, 82 Stat. 121 (1968); and
307          (C) this chapter; and
308          (ii) including expenditure for roads and utilities.

309          (3) The trust administrator, under direction of the board, may:
310          (a) contract with public and private entities; and
311          (b) unless prohibited by law or this chapter, acquire and hold money and other property
312     received in the administration of the fund.
313          Section 8. Section 51-10-205 is enacted to read:
314          51-10-205. Expenditures from the fund.
315          (1) (a) Under the direction of the board, the trust administrator may make expenditures
316     from the fund in accordance with Subsection 51-10-204(2)(e).
317          (b) The board may enter into a cost sharing agreement with one or more governmental
318     entities if the cost sharing agreement is recommended by at least four of the Utah Navajo
319     Chapters.
320          (2) (a) Before making any expenditures from the fund to a service provider, the trust
321     administrator shall:
322          (i) comply with Title 63G, Chapter 6a, Utah Procurement Code; and
323          (ii) review and approve the service provider's entire budget.
324          (b) The trust administrator may require that a service provider modify its budget or
325     meet other conditions precedent established by the trust administrator before the service
326     provider may receive expenditures from the fund.
327          (3) The trust administrator shall make an expenditure from the fund that is not an
328     administrative expenditure by:
329          (a) preparing a written document that:
330          (i) defines specifically how the expenditure from the fund may be used;
331          (ii) establishes any conditions precedent to use of the expenditure; and
332          (iii) requires the recipient of fund money to provide the trust administrator with
333     progress reports detailing how the money has been expended; and
334          (b) obtaining the signature of the recipient on that document before releasing any
335     money from the fund.
336          (4) The trust administrator shall:

337          (a) make rules in accordance with Subsection (6) that:
338          (i) establish policies and criteria for expenditure of fund money; and
339          (ii) establish performance evaluation criteria with which to evaluate the success of
340     expenditures from the fund after they are made;
341          (b) develop procedures, forms, and standards for persons seeking distribution of fund
342     money that implement the policies and criteria established by rule;
343          (c) evaluate the requests for expenditures of fund money against:
344          (i) the policies and criteria established by rule; and
345          (ii) the requestor's success in meeting performance evaluation criteria and goals in any
346     prior receipt of fund money;
347          (d) develop performance goals for each fund expenditure that implement the
348     performance evaluation criteria established in rule; and
349          (e) monitor and evaluate each fund expenditure based upon the performance goals and
350     performance evaluation criteria created under this Subsection (4).
351          (5) The trust administrator may expend fund money for per diem and expenses incurred
352     by the Diné Advisory Committee in performance of official duties.
353          (6) The trust administrator shall make a rule described in Subsection (4)(a):
354          (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
355          (b) with the input and recommendation of the Diné Advisory Committee; and
356          (c) with the approval of the board.
357          Section 9. Section 51-10-206 is enacted to read:
358          51-10-206. Diné Advisory Committee.
359          (1) There is created the Diné Advisory Committee.
360          (2) (a) The governor, with the consent of the Senate, shall appoint nine members to the
361     Diné Advisory Committee.
362          (b) In making an appointment under Subsection (2)(a), the governor shall ensure that
363     the Diné Advisory Committee includes:
364          (i) two registered members of the Aneth Chapter of the Navajo Nation who reside in

365     San Juan County, Utah;
366          (ii) one registered member of the Blue Mountain Diné who resides in San Juan County,
367     Utah;
368          (iii) one registered member of the Mexican Water Chapter of the Navajo Nation who
369     resides in San Juan County, Utah;
370          (iv) one registered member of the Naatsis'áán Chapter of the Navajo Nation who
371     resides in San Juan County, Utah;
372          (v) subject to Subsection (4), two members who reside in San Juan County, Utah, one
373     of whom is a registered member of the Oljato Chapter of the Navajo Nation, and one of whom
374     is a registered member of either the Oljato Chapter or the Dennehotso Chapter of the Navajo
375     Nation;
376          (vi) one registered member of the Red Mesa Chapter of the Navajo Nation who resides
377     in San Juan County, Utah; and
378          (vii) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who
379     resides in San Juan County, Utah.
380          (3) (a) (i) Each chapter of the Utah Navajo Chapter, except the Aneth, Oljato, and
381     Dennehotso chapters, shall submit to the governor the names of three nominees to the Diné
382     Advisory Committee chosen by the chapter.
383          (ii) The governor shall select one of the three persons whose names are submitted
384     under Subsection (3)(a)(i) as that chapter's representative on the Diné Advisory Committee.
385          (b) (i) The Blue Mountain Diné shall submit to the governor the names of three
386     nominees to the Diné Advisory Committee.
387          (ii) The governor shall select one of the three persons whose names are submitted
388     under Subsection (3)(b)(i) as the Blue Mountain Diné representative on the Diné Advisory
389     Committee.
390          (c) (i) The Aneth Chapter shall submit to the governor the names of six nominees to
391     the Diné Advisory Committee chosen by the chapter.
392          (ii) The governor shall select two of the six persons whose names are submitted under

393     Subsection (3)(c)(i) to be the Aneth Chapter's representatives on the Diné Advisory Committee.
394          (d) (i) The Oljato Chapter shall submit to the governor the names of six nominees to
395     the Diné Advisory Committee chosen by the chapter.
396          (ii) One of the six names submitted under Subsection (3)(d)(i) may be a registered
397     member of the Dennehotso Chapter.
398          (iii) The governor shall select two of the six persons whose names are submitted under
399     Subsection (3)(d)(i) to be the representatives on the Diné Advisory Committee of the Oljato
400     and Dennehotso chapters.
401          (e) Before submitting a name to the governor, a Utah Navajo Chapter and the Blue
402     Mountain Diné shall ensure that the individual's whose name is submitted:
403          (i) is an enrolled member of the Navajo Nation;
404          (ii) resides in San Juan County, Utah;
405          (iii) is 21 years of age or older;
406          (iv) is not an officer of the chapter;
407          (v) has not been convicted of a felony; and
408          (vi) is not currently, or within the last 12 months has not been, an officer, director,
409     employee, or contractor of a service provider that solicits, accepts, or receives a benefit from an
410     expenditure of:
411          (A) the Division of Indian Affairs; or
412          (B) the fund.
413          (4) If both members appointed under Subsection (2)(b)(vi) are registered members of
414     the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.
415          (5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized
416     by this section for Diné Advisory Committee member expenses, a person appointed to the Diné
417     Advisory Committee may not solicit, accept, or receive any benefit from an expenditure of:
418          (i) the Division of Indian Affairs;
419          (ii) the fund; or
420          (iii) the Division of Indian Affairs or fund as an officer, director, employee, or

421     contractor of a service provider that solicits, accepts, or receives a benefit from the expenditure
422     of:
423          (A) the Division of Indian Affairs; or
424          (B) the fund.
425          (b) A member of the Diné Advisory Committee may receive a benefit from an
426     expenditure of the fund if:
427          (i) when the benefit is discussed by the Diné Advisory Committee:
428          (A) the member discloses that the member may receive the benefit;
429          (B) the member physically leaves the room in which the Diné Advisory Committee is
430     discussing the benefit; and
431          (C) the Diné Advisory Committee approves the member receiving the benefit by a
432     unanimous vote of the members present at the meeting discussing the benefit;
433          (ii) a Utah Navajo Chapter requests that the benefit be received by the member;
434          (iii) the member is in compliance with the ethics and conflict of interest policy required
435     under Subsection 51-10-204(2)(c);
436          (iv) (A) the expenditure from the fund is made in accordance with this chapter; and
437          (B) the benefit is no greater than the benefit available to members of the Navajo Nation
438     residing in San Juan County, Utah; and
439          (v) the member is not receiving the benefit as an officer, director, employee, or
440     contractor of a service provider.
441          (6) (a) (i) Except as required in Subsection (6)(a)(ii), as terms of current committee
442     members expire, the governor shall appoint each new member or reappointed member to a
443     four-year term.
444          (ii) The governor shall, at the time of appointment or reappointment, adjust the length
445     of terms to ensure that the terms of committee members are staggered so that approximately
446     half of the Diné Advisory Committee is appointed every two years.
447          (b) Except as provided in Subsection (6)(c), a committee member shall serve until the
448     committee member's successor is appointed and qualified.

449          (c) If a committee member is absent from three consecutive committee meetings, or if
450     the committee member violates the ethical or conflict of interest policies established by statute
451     or the Diné Advisory Committee:
452          (i) the committee member's appointment is terminated;
453          (ii) the position is vacant; and
454          (iii) the governor shall appoint a replacement.
455          (d) When a vacancy occurs in the membership for any reason, the governor shall
456     appoint a replacement for the unexpired term according to the procedures of this section.
457          (7) (a) The committee members shall select a chair and vice chair from committee
458     membership each two years subsequent to the appointment of new committee members.
459          (b) Five members of the Diné Advisory Committee is a quorum for the transaction of
460     business.
461          (c) The Diné Advisory Committee shall:
462          (i) comply with Title 52, Chapter 4, Open and Public Meetings Act;
463          (ii) ensure that its meetings are held at or near:
464          (A) a chapter house or meeting hall of a Utah Navajo Chapter; or
465          (B) other places in Utah that the Diné Advisory Committee considers practical and
466     appropriate; and
467          (iii) ensure that its meetings are public hearings at which a resident of San Juan
468     County, Utah, may appear and speak.
469          (8) A committee member may not receive compensation or benefits for the committee
470     member's service, but may receive per diem and travel expenses in accordance with:
471          (a) Section 63A-3-106;
472          (b) Section 63A-3-107; and
473          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
474     63A-3-107.
475          (9) The trust administrator shall staff the Diné Advisory Committee.
476          (10) The Diné Advisory Committee shall advise the trust administrator about the

477     expenditure of fund money.
478          Section 10. Repealer.
479          This bill repeals:
480          Section 51-9-501, Title.
481          Section 51-9-502, Definitions.
482          Section 51-9-503, Purpose statement.
483          Section 51-9-504, Utah Navajo royalties and related issues.
484          Section 11. Effective date.
485          This bill takes effect on July 1, 2015.