Utah Statute 63-88

The Utah Navajo Royalties Holding Fund (UNRHF) was created on July 01, 2008 by HB-0352 during the 2008 Utah State Legislative Session. HB-0352 made corrections to the existing Navajo Revitalization Fund Statute 63-88 and added a section for the Transition for the former Utah Navajo Trust Fund organization. The transition portion of HB-0352 is as follows:

183 Section 4. Section 63-88a-101 is enacted to read:
184 CHAPTER 88a. TRANSITION FOR REPEALED NAVAJO TRUST FUND ACT
185 63-88a-101. Title.
186 This chapter is known as the "Transition for Repealed Navajo Trust Fund Act."
187 Section 5. Section 63-88a-102 is enacted to read:
188 63-88a-102. Definitions.
189 As used in this chapter:
190 (1) "Liability or obligation" includes only an action specifically approved by the majority
191 of the repealed board of trustees in a meeting of the repealed board of trustees.
192 (2) "Related assets and liabilities" means the assets, liabilities, and obligations of the
193 repealed Navajo Trust Fund as of June 30, 2008.
194 (3) "Repealed board of trustees" means the board of trustees appointed under Title 63,
195 Chapter 88, Navajo Trust Fund, repealed under Title 63, Chapter 55, Legislative Oversight and
196 Sunset Act.
197 (4) "Repealed Dineh Committee" means the Dineh Committee established under Title
198 63, Chapter 88, Navajo Trust Fund, repealed under Title 63, Chapter 55, Legislative Oversight
199 and Sunset Act.
200 (5) "Repealed Navajo Trust Fund" means the Navajo Trust Fund established under Title
201 63, Chapter 88, Navajo Trust Fund, repealed under Title 63, Chapter 55, Legislative Oversight
202 and Sunset Act.
203 (6) "Repealed trust administrator" means the trust administrator appointed under Title
204 63, Chapter 88, Navajo Trust Fund, repealed under Title 63, Chapter 55, Legislative Oversight
205 and Sunset Act.
206 (7) "Utah Navajo royalties" means the revenues received by the state that represent the
207 37-1/2% of the net oil royalties from the Aneth Extension of the Navajo Indian Reservation
208 required by P.L. 72-403, 47 Stat. 1418, and P.L. 90-306, 82 Stat. 121, to be paid to the state.
209 Section 6. Section 63-88a-103 is enacted to read:
210 63-88a-103. Purpose statement.
211 It is the purpose of this chapter to provide for a transitional process until congressional
212 action designates a new recipient of the Utah Navajo royalties.
213 Section 7. Section 63-88a-104 is enacted to read:
214 63-88a-104. Utah Navajo royalties and related issues.
215 (1) (a) Notwithstanding Title 63, Chapter 88, Navajo Trust Fund and except as
216 provided in Subsection (7), the following are subject to this Subsection (1):
217 (i) the repealed board of trustees;
218 (ii) the repealed trust administrator;
219 (iii) an employee or agent of the repealed Navajo Trust Fund; or
220 (iv) the repealed Dineh Committee.
221 (b) The repealed board of trustees may not:
222 (i) beginning on the effective date of this bill, take an action that imposes or may impose
223 a liability or obligation described in Subsection (1)(d) that is:
224 (A) anticipated to be completed on or after January 1, 2010; or
225 (B) equal to or greater than $100,000;
226 (ii) on or after May 5, 2008, take an action that imposes or may impose a liability or
227 obligation described in Subsection (1)(d).
228 (c) On or after the effective date of this bill a person described in Subsections (1)(a)(ii)
229 through (iv) may not take an action that imposes or may impose a liability or obligation
230 described in Subsection (1)(d).
231 (d) Subsection (1)(b) applies to a liability or obligation on:
232 (i) the repealed Navajo Trust Fund;
233 (ii) the Navajo Revitalization Fund created under Title 9, Chapter 11, Navajo
234 Revitalization Fund Act;
235 (iii) the state; or
236 (iv) any of the following related to an entity described in this Subsection (1)(d):
237 (A) a department;
238 (B) a division;
239 (C) an office;
240 (D) a committee;
241 (E) a board;
242 (F) an officer;
243 (G) an employee; or
244 (H) a similar agency or individual.
245 (2) The Division of Finance shall:
246 (a) establish a fund by no later than July 1, 2008:
247 (i) to hold:
248 (A) the monies in the repealed Navajo Trust Fund as of June 30, 2008;
249 (B) Utah Navajo royalties received by the state on or after July 1, 2008;
250 (C) revenues from investments made by the state treasurer of the monies in the fund
251 established under this Subsection (2)(a); and
252 (D) monies owed to the repealed Navajo Trust Fund, including monies received by the
253 repealed trust administrator or repealed Dineh Committee from an agreement executed by:
254 (I) the repealed board of trustees;
255 (II) the repealed trust administrator; or
256 (III) the repealed Dineh Committee; and
257 (ii) from which monies may not be transferred or expended, except:
258 (A) as provided in Subsection (7); or
259 (B) as authorized by congressional action to designate a new recipient of the Utah
260 Navajo royalties; and
261 (b) by no later than July 1, 2008, transfer to the fund created under Subsection (2)(a) in
262 a manner consistent with this section the related assets and liabilities of the repealed Navajo
263 Trust Fund, including the transfer of monies in the repealed Navajo Trust Fund.
264 (3) The state treasurer shall invest monies in the fund created in Subsection (2)(a) in
265 accordance with Title 51, Chapter 7, State Money Management Act.
266 (4) (a) By no later than May 5, 2008, the repealed board of trustees shall:
267 (i) adopt a list of all related assets and liabilities of the repealed trust fund that are not
268 satisfied by May 5, 2008, which may include assets and liabilities that are contingent in nature or
269 amount;
270 (ii) adopt a list of all individuals who at the time of adoption meet the requirements of
271 Subsection (7)(b); and
272 (iii) provide a copy of the lists described in Subsection (4)(a)(i) and (ii) to:
273 (A) the state auditor; and
274 (B) the Department of Administrative Services.
275 (b) The state auditor, in addition to completing its Fiscal Year 2007-2008 audit of the
276 repealed Navajo Trust Fund, shall:
277 (i) verify the list of the related assets and liabilities of the repealed Navajo Trust Fund
278 adopted by the repealed board of trustees under Subsection (4)(a) by no later than June 30,
279 2008; and
280 (ii) provide a written copy of the verification to the governor and the Legislature by no
281 later than July 30, 2008.
282 (5) The governor shall ensure that the reporting requirements under P.L. 90-306, 82
283 Stat. 121, are met.
284 (6) The Department of Administrative Services, in cooperation with the Department of
285 Human Resources, may assist employees of the repealed Navajo Trust Fund as of June 30,
286 2008, in accordance with Title 67, Chapter 19, Utah State Personnel Management Act.
287 (7) With the fund created under Subsection (2) and the fixed assets of the repealed
288 Navajo Trust Fund, the Department of Administrative Services shall:
289 (a) fulfill the liabilities and obligations of the repealed Navajo Trust Fund as of June 30,
290 2008;
291 (b) provide monies to an individual enrolled member of the Navajo Nation who:
292 (i) resides in San Juan County;
293 (ii) as of June 30, 2010, has received monies under this Subsection (7)(b) for
294 postsecondary education;
295 (iii) beginning the later of June 30 or the day on which the individual first receives
296 monies under this Subsection (7)(b), is enrolled in postsecondary education for the equivalent of
297 at least two semesters each year; and
298 (iv) meets the eligibility requirements adopted by the repealed board of trustees as of
299 the effective date of this bill;
300 (c) through the Division of Facilities Construction and Management, reasonably
301 maintain the fixed assets of the repealed Navajo Trust Fund, to the extent that a lessee of a fixed
302 asset is not required by a lease to maintain a fixed asset;
303 (d) through the Division of Facilities Construction and Management, take those steps
304 necessary to secure the purchase:
305 (i) of the following that is owned by the repealed Navajo Trust Fund as of May 5, 2008:
306 (A) the government service building; or
307 (B) another fixed asset of the repealed Navajo Trust Fund, if the sale of the fixed asset
308 is consistent with the obligations of the state with regard to the Utah Navajo royalties; and
309 (ii) (A) in an arms length manner; and
310 (B) so that fair market compensation is paid to the repealed Navajo Trust Fund; and
311 (e) charge the fund established under Subsection (2)(a) for the expenses that are
312 necessary and reasonable to comply with the requirements of this Subsection (7).
313 (8) Unless expressly prohibited by this chapter, the state may take any action with
314 regard to the assets held by the state under this chapter that is consistent with the obligations of
315 the state related to the Utah Navajo royalties.
316 Section 8. Section 63A-5-104 is amended to read:

An entire copy of HB-0352 can be found at the following link:

http://le.utah.gov/~2008/bills/hbillamd/hb0352.pdf