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S.B. 66
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REVENUES FROM FEDERAL LAND EXCHANGE
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PARCELS
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Mike Dmitrich
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This act modifies provisions related to revenues from federal land exchange parcels. The act
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modifies the percentage of revenues distributed to certain accounts and funds from rentals
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and royalties received from the lease of minerals on acquired lands and the lease of acquired
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mineral interests. The act lowers the ceiling on the amount of monies collected that can be
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used to pay for administrative costs.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53C-3-202, as last amended by Chapter 299, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53C-3-202
is amended to read:
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53C-3-202. Collection and distribution of revenues from federal land exchange
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parcels.
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(1) The director is responsible for the collection of all bonus payments, rentals, and
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royalties from the lease of:
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(a) minerals on acquired lands; and
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(b) acquired mineral interests.
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(2) The director shall:
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(a) except as provided in Subsections (3) and (4), no later than the last day of the second
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month following each calendar quarter, distribute all bonus payments received during the calendar
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quarter from the lease of coal, oil and gas, and coalbed methane on the identified tracts as follows:
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(i) 50% to the United States;
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(ii) 12.16% to the Permanent Community Impact Fund created in Section
9-4-303
;
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(iii) 20% to the Constitutional Defense Restricted Account created in Section
63C-4-103
;
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[(iv) (A) beginning on July 1, 2000, through June 30, 2001, 15% to the Mineral Bonus
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Account created by Section
59-21-2
; and]
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[(B)] (iv) [beginning on July 1, 2001,] 15% to the Rural Electronic Commerce
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Communications System Fund created by Section
9-15-102
; and
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(v) 2.84% to the Rural Development Fund created under Section
9-14-102
; and
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(b) except as provided in Subsections (3) and (4), no later than the last day of the second
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month following each calendar quarter, distribute all rentals and royalties received during the
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calendar quarter from the lease of subject minerals on the acquired lands and the lease of acquired
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mineral interests as follows:
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(i) 50% to the Land Grant Management Fund created by Section
53C-3-101
;
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(ii) [29.66%] 40% to the Mineral Lease Account created by Subsection
59-21-2
(3);
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(iii) [10%] 5% to the Constitutional Defense Restricted Account created by Section
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63C-4-103
;
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(iv) [7.5%] 3.6% to the Rural Electronic Commerce Communications System Fund created
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by Section
9-15-102
; and
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(v) [2.84%] 1.4% to the Rural Development Fund created by Section
9-14-102
.
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(3) Notwithstanding Subsections (2)(a), (2)(b), and (4), if the distribution required by
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Subsection (2)(a)(iii), (2)(b)(iii), or (4) would cause the balance of the Constitutional Defense
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Restricted Account to exceed $2,000,000, the director shall distribute to the Permanent
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Community Impact Fund an amount equal to the difference between:
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(a) what the total balance of the Constitutional Defense Restricted Account would be if,
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but for this Subsection (3), a distribution described in Subsection (2)(a)(iii), (2)(b)(iii), or (4) was
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made; and
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(b) $2,000,000.
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(4) Notwithstanding Subsections (2)(a) and (b), and except as provided in Subsection (3),
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for [fiscal years beginning on or after] each fiscal year [2000-01] the director shall deposit:
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(a) the first $750,000 of distributions required by Subsections (2)(a)(iv) and (2)(b)(iv) into
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the Rural Electronic Commerce Communications System Fund; and
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(b) any amounts exceeding the $750,000 described in Subsection (4)(a) that would be
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distributed into the Rural Electronic Commerce Communications System Fund but for this
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Subsection (4) into the Constitutional Defense Restricted Account.
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(5) (a) The director may retain up to [8%] 4% of the monies collected under Subsection
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(1) to pay for administrative costs incurred under Subsection (1).
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(b) The administrative costs may be deducted prior to the distributions made under
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Subsections (2)(a) and (b).
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(c) The director shall keep the administrative cost deductions in separate accounts.
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(d) (i) For purposes of this section, administrative costs:
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(A) include:
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(I) direct costs incurred by the administration; and
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(II) out-of-pocket expenditures incurred by the administration that are directly attributable
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to leasing or management of the acquired lands for subject minerals or acquired mineral interests;
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and
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(B) shall be determined in a manner similar to that used by the federal government
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pursuant to 30 U.S.C. Sec.191(b).
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(ii) If the administration includes out-of-pocket expenditures under Subsection (5)(d)(i)
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in determining its costs, those expenditures may not be included in its general calculation of direct
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costs.
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(e) (i) At the end of each fiscal year, the director shall reconcile the amount actually spent
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under Subsection (5)(d) with the amount retained under Subsection (5)(a).
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(ii) The director shall distribute any excess from the reconciliation pursuant to Subsections
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(2) through (4).
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(iii) The director may retain an amount sufficient to cover the expected administrative
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costs allowed under Subsection (5)(d) for the subsequent fiscal year, less the expected deduction
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for the subsequent fiscal year under Subsection (5)(a).
Legislative Review Note
as of 1-24-02 9:54 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.