59-21 - Mineral Lease Funds
Title 59 > 59-21
Sections (2)
59-21-1 - Disposition of federal mineral lease money — Priority to political subdivisions impacted by mineral development — Disposition of mineral bonus payments — Appropriation of money attributable to royalties from extraction of minerals on federal land located within boundaries of Grand Staircase-Escalante National Monument.
59-21-1(1) Except as provided in Subsections (2) through (4), all money received from the United States under the provisions of the Mineral Lands Leasing Act, 30 U.S.C. Sec. 181 et seq., shall:
be deposited in the Mineral Lease Account of the General Fund; and be appropriated by the Legislature giving priority to those subdivisions of the state socially or economically impacted by development of minerals leased under the Mineral Lands Leasing Act, for: planning; construction and maintenance of public facilities; and provision of public services. 59-21-1(2) Seventy percent of money received from federal mineral lease bonus payments shall be deposited into the Permanent Community Impact Fund and shall be used as provided in Title 35A, Chapter 8, Part 3, Community Impact Fund Act. 59-21-1(3) Thirty percent of money received from federal mineral lease bonus payments shall be deposited in the Mineral Bonus Account created by Subsection 59-21-2(1) and appropriated as provided in that subsection. 59-21-1(4) For purposes of this Subsection (4): the “boundaries of the Grand Staircase-Escalante National Monument” means the boundaries:
established by Presidential Proclamation No. 6920, 61 Fed. Reg. 50,223 (1996); and modified by: Pub. L. No. 105-335, 112 Stat. 3139; and Pub. L. No. 105-355, 112 Stat. 3247; and a special service district, school district, or federal land is considered to be located within the boundaries of the Grand Staircase-Escalante National Monument if a portion of the special service district, school district, or federal land is located within the boundaries described in Subsection (4)(a)(i). Beginning on July 1, 1999, the Legislature shall appropriate, as provided in Subsections (4)(c) through (g), money received from the United States that is attributable to royalties from the extraction of minerals on federal land that, on September 18, 1996, was located within the boundaries of the Grand Staircase-Escalante National Monument. The Legislature shall annually appropriate 40% of the money described in Subsection (4)(b) to the Division of Finance to be distributed by the Division of Finance to special service districts that are: established by counties under Title 17D, Chapter 1, Special Service District Act; socially or economically impacted by the development of minerals under the Mineral Lands Leasing Act; and located within the boundaries of the Grand Staircase-Escalante National Monument. The Division of Finance shall distribute the money described in Subsection (4)(c) in amounts proportionate to the amount of federal mineral lease money generated by the county in which a special service district is located. The Legislature shall annually appropriate 40% of the money described in Subsection (4)(b) to the State Board of Education to be distributed equally to school districts that are: socially or economically impacted by the development of minerals under the Mineral Lands Leasing Act; and located within the boundaries of the Grand Staircase-Escalante National Monument. The Legislature shall annually appropriate 2.25% of the money described in Subsection (4)(b) to the Utah Geological Survey to facilitate the development of energy and mineral resources in counties that are: socially or economically impacted by the development of minerals under the Mineral Lands Leasing Act; and located within the boundaries of the Grand Staircase-Escalante National Monument. Seventeen and three-fourths percent of the money described in Subsection (4)(b) shall be deposited annually into the State School Fund established by Utah Constitution Article X, Section 5.
59-21-2 - Mineral Bonus Account created — Contents — Use of Mineral Bonus Account money — Mineral Lease Account created — Contents — Appropriation of money from Mineral Lease Account.
59-21-2(1) There is created a restricted account within the General Fund known as the “Mineral Bonus Account.”The Mineral Bonus Account consists of federal mineral lease bonus payments deposited pursuant to Subsection 59-21-1(3).The Legislature shall make appropriations from the Mineral Bonus Account in accordance with Section 35 of the Mineral Lands Leasing Act of 1920, 30 U.S.C. Sec. 191.The state treasurer shall:invest the money in the Mineral Bonus Account by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; anddeposit all interest or other earnings derived from the account into the Mineral Bonus Account.The Division of Finance shall, beginning on July 1, 2017, annually deposit 30% of mineral lease bonus payments deposited under Subsection (1)(b) from the previous fiscal year into the Utah Wildfire Fund created in Section 65A-8-217, up to 1,000; andthe number of residences described in Subsection (2)(j)(iv) that are located within the county.A county receiving money under Subsection (2)(j)(i) may, as determined by the county legislative body, distribute the money or a portion of the money to:special service districts established by the county under Title 17D, Chapter 1, Special Service District Act;school districts; orpublic institutions of higher education.Beginning in fiscal year 1994-95 and in each year after fiscal year 1994-95, the Division of Finance shall increase or decrease the amounts per acre provided for in Subsections (2)(j)(i)(A) through (C) by the average annual change in the Consumer Price Index for all urban consumers published by the Department of Labor.For fiscal years beginning on or after fiscal year 2001-02, the Division of Finance shall increase or decrease the amount described in Subsection (2)(j)(i)(D)(I) by the average annual change in the Consumer Price Index for all urban consumers published by the Department of Labor.Residences for purposes of Subsection (2)(j)(i)(D)(II) are residences that are:owned by:the Division of State Parks;the Division of Outdoor Recreation; orthe Division of Wildlife Resources;located on lands that are owned by:the Division of State Parks;the Division of Outdoor Recreation; orthe Division of Wildlife Resources; andare not subject to taxation under:Chapter 2, Property Tax Act; orChapter 4, Privilege Tax.The Legislature shall annually appropriate to the Permanent Community Impact Fund all deposits remaining in the Mineral Lease Account after making the appropriations provided for in Subsections (2)(d) through (j). 59-21-2(3) Each agency, board, institution of higher education, and political subdivision receiving money under this chapter shall provide the Legislature, through the Office of the Legislative Fiscal Analyst, with a complete accounting of the use of that money on an annual basis.The accounting required under Subsection (3)(a) shall:include actual expenditures for the prior fiscal year, budgeted expenditures for the current fiscal year, and planned expenditures for the following fiscal year; andbe reviewed by the Economic and Community Development Appropriations Subcommittee as part of its normal budgetary process under Title 63J, Chapter 1, Budgetary Procedures Act.