Utah Code § 53C-1-101
Title
This title is known as the "School and Institutional Trust Lands Management Act."
Utah Code Title 53C — School and Institutional Trust Lands Management Act
Utah · statute · Utah Code tit. 53C · 60 active provisions
Provisions
Utah Code § 53C-1-102
Purpose
(1) (a) The purpose of this title is to establish an administration and board to manage lands that Congress granted to the state for the support of common schools and other beneficiary institutions, under the Utah Enabling Act. (b) This grant was expressly accepted in the Utah Constitution, thereby creating a compact b…
Utah Code § 53C-1-103
Definitions
As used in this title: (1) "Administration" means the School and Institutional Trust Lands Administration. (2) "Advocacy office" means the School and Institutional Trust Beneficiaries' Advocacy Office, created in Section 53D-2-201. (3) "Board" or "board of trustees" means the School and Institutional Trust Lands Board…
Utah Code § 53C-1-201
Creation of administration -- Purpose -- Director -- Participation in Risk Management Fund -- Closed meetings
(1) (a) There is established within state government the School and Institutional Trust Lands Administration. (b) The administration shall manage all school and institutional trust lands and assets within the state, except as otherwise provided in Title 53C, Chapter 3, Deposit and Allocation of Revenue from Trust Lands…
Utah Code § 53C-1-202
Board of trustees membership -- Nomination list -- Qualifications -- Terms -- Replacement -- Chair -- Quorum -- Annual conflict of interest disclosure statement -- Penalties
(1) There is established the School and Institutional Trust Lands Board of Trustees. (2) The board shall consist of seven members appointed on a nonpartisan basis by the governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies. (3) (a) Except for the appointment…
Utah Code § 53C-1-203
Board of trustees nominating committee -- Composition -- Responsibilities -- Per diem and expenses
(1) There is established a nine-member board of trustees nominating committee. (2) (a) The council chair of the School and Institutional Trust Beneficiaries' Advocacy Council, created in Section 53D-2-303, shall appoint three members to serve on the nominating committee contingent on the member's council membership. (b…
Utah Code § 53C-1-204
Policies established by board -- Director
(1) (a) The board shall establish policies for the management of the School and Institutional Trust Lands Administration. (b) The policies shall: (i) be consistent with the Utah Enabling Act, the Utah Constitution, and state law; (ii) reflect undivided loyalty to the beneficiaries consistent with fiduciary duties; (iii…
Utah Code § 53C-1-301
Director -- Term -- Compensation -- Removal from office
(1) (a) The board, with the consent of the governor, shall select the director on the basis of outstanding professional qualifications pertinent to the purposes and activities of the trust. (b) If the governor withholds consent from a candidate agreed upon by the board, the governor shall give reasons in writing to the…
Utah Code § 53C-1-302
Management of the administration -- Trust responsibilities
(1) (a) The director has broad authority to: (i) manage the School and Institutional Trust Lands Administration in fulfillment of its purpose; (ii) establish fees, procedures, and rules consistent with general policies prescribed by the board of trustees; and (iii) acquire and dispose of lands and assets in accordance…
Utah Code § 53C-1-303
Responsibilities of director -- Budget review -- Legal counsel -- Contract for services
(1) In carrying out the policies of the board of trustees and in establishing procedures and rules, the director shall: (a) take an oath of office before assuming any duties as the director; (b) adopt procedures and rules necessary for the proper administration of matters entrusted to the director by state law and boar…
Utah Code § 53C-1-304
Rules to ensure procedural due process -- Board review of director action -- Judicial review
(1) The board shall make rules to ensure procedural due process in the resolution of complaints concerning actions by the board, director, or the administration. (2) (a) Except as provided in Subsection (2)(b), an aggrieved party to a final action by the director or the administration may petition the board for adminis…
Utah Code § 53C-1-305
Attorney general to represent administration
(1) The attorney general shall: (a) represent the board, director, or administration in any legal action relating to trust lands except as otherwise provided in Subsection (3); (b) review leases, contracts, and agreements submitted for review prior to execution; and (c) undertake suits for the collection of royalties,…
Utah Code § 53C-1-306
Board and administration subject to Public Officers' and Employees' Ethics Act
(1) Board members, the director, employees, and agents of the administration are subject to the requirements of Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, and to any additional requirements established by the board. (2) A board member, the director, or an employee of the administration may n…
Utah Code § 53C-1-307
Annual report
(1) At the end of each fiscal year, the director shall publish an annual report of the administration's activities for the preceding fiscal year. (2) The report described in Subsection (1) shall contain: (a) an account of the administration's activities for the preceding fiscal year; (b) financial statements of the adm…
Utah Code § 53C-2-101
Central index -- Administration to maintain central index of trust lands -- Availability to public
(1) The administration shall maintain a central index of all trust lands, including interests therein, and shall make that index available to the public. (2) The index shall include the following information: (a) legal description of the land; (b) when and from whom the land was acquired; (c) where the abstracts, deeds…
Utah Code § 53C-2-102
Information to be furnished by provider -- Director to adopt confidential information rules
(1) As used in this section, "provider" means a prospective applicant, applicant, partner, or lessee. (2) (a) The administration may require a provider to furnish any information necessary to carry out the duties of this title, including financial information, geological and mine maps, well logs, and assays. (b) Any in…
Utah Code § 53C-2-103
Director's authority to examine records and inspect property
For the purpose of determining compliance with any rule or any performance or payment obligation under a lease, permit, or contract, the director may, at reasonable times, places, and intervals: (1) require that the lessee, permittee, or contractor provide any pertinent books, records, or other documents of the lessee,…
Utah Code § 53C-2-104
Preexisting federal mining claims on trust lands -- Filing of notice -- Conclusive evidence of abandonment
(1) The Legislature recognizes the importance of having an effective state filing system for unpatented federal mining claims located on trust lands prior to the state's acquisition of title that would allow the state to determine the extent of preexisting unpatented mining claims on those lands and eliminate the cloud…
Utah Code § 53C-2-105
Withdrawal of trust lands from leasing, disposition, or use
(1) The director may at any time withdraw trust lands from: (a) applications for leasing, permitting, sale, or other disposition of any nature upon a finding that the interests of the trust would best be served through withdrawal; or (b) surface occupancy or one or more specific uses upon a finding that continued occup…
Utah Code § 53C-2-106
Identification and recording of public roads located on trust lands
(1) The director shall: (a) subject to Subsection (2), using the State Geographic Information Database created in Section 63A-16-506, and other available information, identify temporary public easements or rights of entry granted pursuant to Section 72-5-203 for roads located on trust lands within each county; and (b)…
Utah Code § 53C-2-201
Planning procedures -- Assistance from other state agencies -- Plans consistent with trust responsibilities
(1) The director: (a) shall develop rules describing the degree of planning necessary for each category of activity on trust lands; and (b) may request other state agencies to generate technical data or other support services for the development and implementation of trust lands plans. (2) The plans for school and inst…
Utah Code § 53C-2-202
Endangered and threatened plant species
The director may make determinations concerning the management, protection, and conservation of plant species officially designated as endangered or threatened, or proposed for designation as endangered or threatened, under the federal Endangered Species Act of 1973, as amended, on trust lands.
Utah Code § 53C-2-301
Illegal activities on trust lands -- Penalties
(1) A person is liable for the civil damages prescribed in Subsection (2) and is guilty of a criminal offense specified in Subsection (4) if the person intentionally, knowingly, or recklessly, and without written authorization from the director: (a) uses, commits waste, dumps refuse on, or occupies trust land; (b) inte…
Utah Code § 53C-2-302
Enforcement of this chapter -- County attorney to prosecute
(1) It is the duty of the administration and all law enforcement officers to enforce this chapter within their respective jurisdictions and to investigate and gather evidence that may indicate a violation under this chapter. (2) The county attorney shall prosecute any criminal violation of this chapter.
Utah Code § 53C-2-401
Coal and mineral deposits reserved -- Geothermal resource -- Exceptions
(1) (a) (i) Except as otherwise expressly provided by law, coal and mineral deposits in trust lands are reserved to the respective trust. (ii) The reservation of mineral deposits described in Subsection (1)(a)(i) includes reservation of a geothermal resource as defined in Section 73-22-3. (b) A certificate of sale and…
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