reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 402 - Mineral leases -- Director to establish rules for mineral leases -- Revenues to be deposited in Land Grant Management Fund.

53C-2-402.
Mineral leases -- Director to establish rules for mineral leases -- Revenues to be deposited in Land Grant Management Fund.
(1) Mineral leases of all trust lands owned by the state shall be made exclusively by the director, under rules made by the director.
(2) Revenues from mineral leases of trust lands shall be deposited in the Land Grant Management Fund.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 403 - Mineral leases -- Director to establish forms, term, rental, and royalty.

53C-2-403.
Mineral leases -- Director to establish forms, term, rental, and royalty.
The director shall establish the:
(1) form of a mineral lease application;
(2) form of the lease;
(3) term of the lease;
(4) annual rental;
(5) amount of royalty in addition to or in lieu of rental; and
(6) basis upon which the royalty shall be computed.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 404 - Applicants for mineral leases -- Qualifications.

53C-2-404.
Applicants for mineral leases -- Qualifications.
Applicants for mineral leases must, throughout the application period and throughout the duration of the lease, be in full compliance with all of the laws of the state as to qualification to do business within the state and must not be in default under those laws or the rules of the administration.
Amended by Chapter 247, 2011 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 405 - Mineral leases -- Multiple leases on same land -- Lease terms.

53C-2-405.
Mineral leases -- Multiple leases on same land -- Lease terms.
(1)
(a) Mineral leases, including oil, gas, and hydrocarbon leases, may be issued for prospecting, exploring, developing, and producing minerals described by rule as available for lease on any portion of trust lands or the reserved mineral interests of the trust.
(b)
(i) Leases may be issued for different types of minerals on the same land.
(ii) If leases are issued for different types of minerals on the same land, the leases shall include stipulations for simultaneous operations.
(c) Leases may not be issued for the same resource on the same land.
(2)
(a) Each mineral lease issued by the administration shall provide for an annual rental of not less than $1 per acre per year.
(b) However, a lease may provide for a rental credit, minimum rental, or minimum royalty upon commencement of production, as prescribed by rules of the director.
(3) The primary term of a mineral lease may not exceed 10 years.
(4) The director shall make rules regarding the continuation of a mineral lease after the primary term has expired.
Amended by Chapter 39, 2005 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 408 - Mineral lease covenants.

53C-2-408.
Mineral lease covenants.
Each mineral lease shall contain the following covenants:
(1) the lessee shall promptly pay any rent annually in advance;
(2) waste may not be committed on the land;
(3) the premises shall be surrendered at the expiration of the term;
(4) the lessee may not assign or sublet without the prior written authorization of the director; and
(5) if authorized improvements have been placed on the land by any person other than the lessee, the lessee shall allow the owner of the improvements to remove them within 90 days.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 409 - Mineral leases -- Cancellation -- Use of surface land -- Liability for damage.

53C-2-409.
Mineral leases -- Cancellation -- Use of surface land -- Liability for damage.
(1) Upon violation by the lessee of any lawful provision in a mineral lease, the director may, without further notice or appeal, cancel the lease after 30 days notice by registered or certified return receipt mail, unless the lessee remedies the violation, rectifies the condition, or requests a hearing pursuant to Section 53C-1-304 within the 30 days or within any extension of time the director grants.
(2)
(a) A mineral lessee, subject to conditions required by the director, has the right at all times to enter upon the leasehold for prospecting, exploring, developing, and producing minerals and shall have reasonable use of the surface.
(b) The lessee may not injure, damage, or destroy the improvements of the surface owner or lessee.
(c) The lessee is liable to the surface owner or lessee for all damage to the surface of the land and improvements, except for reasonable use.
(3) Any mineral lessee may occupy as much of the surface of the leased land as may be required for all purposes reasonably incident to the exercise of lessee's rights under the lease by:
(a) securing the written consent or waiver of the surface owner or lessee;
(b) payment for the damage to the surface of the land and improvements to the surface owner or lessee where there is agreement as to the amount of the damage; or
(c) upon the execution of a good and sufficient bond to the director for the use and benefit of the surface owner or lessee of the land to secure the payment of damages as may be determined and fixed by agreement or in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties of the bond. The bond shall be in a form and amount as prescribed by the director and shall be filed with the administration.
Amended by Chapter 72, 1997 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 410 - Shut-in gas wells.

53C-2-410.
Shut-in gas wells.
(1) Under a mineral lease for oil and gas, gas is considered to be produced in paying quantities from a shut-in gas well if the shut-in gas well is capable of producing gas in paying quantities, but the gas cannot be marketed at a reasonable price due to existing marketing or transportation conditions.
(2)
(a) The director shall make rules establishing:
(i) a minimum rental or minimum royalty for a shut-in gas well that is considered to be producing gas in paying quantities; and
(ii) the basis upon which the minimum rental or minimum royalty shall be paid.
(b) The minimum rental or minimum royalty may not be less than twice the annual lease rental.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 411 - Unitization of mineral leases.

53C-2-411.
Unitization of mineral leases.
(1) Mineral lessees, upon prior written authorization from the director, may commit leased trust lands to unit, cooperative, or other plans of development with other lands.
(2) The director may, with the consent of the mineral lessee, modify any term of a mineral lease for lands that are committed to a unit, cooperative, or other plan of development.
(3) Production allocated to leased trust lands under the terms of a unit, cooperative, or other plan of development shall be considered produced from the leased lands whether or not the point of production is located on the leased trust lands.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 412 - Land subject to federal mineral lease.

53C-2-412.
Land subject to federal mineral lease.
(1) With respect to any tract of land in which the trust acquires or has acquired any interest subject to an outstanding federal mineral lease or prospecting permit, the lessee or permittee may submit a petition seeking extension of the permit or lease or any other action as may be necessary to give to the lessee or permittee any and all rights, privileges, and benefits which he would have had under the permit or lease had the trust not acquired its interest in the tract.
(2) In consideration of the voluntary termination by the federal lessee or permittee of his lease or permit as it relates to that tract, the director may issue to that lessee or permittee a lease of the acquired tract or any portion of that tract for recovery of the same mineral substances, granting the lessee all the rights, privileges, and benefits with reference to that tract which he would have had by reason of his lease or permit from the United States had the state not acquired its interest in the tract.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 413 - Agreements for the administration of mineral leases by a federal agency.

53C-2-413.
Agreements for the administration of mineral leases by a federal agency.
(1) Where this trust has succeeded or will succeed to the position of the United States under a federal mineral or prospecting permit in which only a portion of the lands are subject to the permit, agreements may be entered into with the federal agency having jurisdiction over the remaining portion providing for the continued administration by that agency of the entire lease or permit or any lease pursuant to that permit.
(2) Consideration for continued administration by the federal agency may not exceed 10% of the revenue allocable to the trust's portion.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 2 - Activities on Trust Lands › Part 4 - Mineral Leases › Section 414 - Oil shale and tar sands development -- Participation by the administration -- Credit against future rentals -- Limits.

53C-2-414.
Oil shale and tar sands development -- Participation by the administration -- Credit against future rentals -- Limits.
(1) The director may participate with oil shale or tar sands lessees in programs for the development of technology for the economic recovery of fuel substances from oil shale or tar sands.
(2)
(a) A trust land oil shale or tar sands lessee may apply to the director for credit against future rentals by submitting to the director the details of a plan for research, experimentation, or investigation to develop technology for the economic recovery of fuel substances from oil shale or tar sands.
(b) The director may prescribe the format of the plan.
(3)
(a) If the submitted plan is meritorious and designed to advance oil shale or tar sands technology, credit may be granted against rentals to become due in the future under any oil shale or tar sands leases held by the lessee, in accordance with rules promulgated by the director.
(b) The credit may not be given in an amount which reduces the actual amount payable by the lessee under any oil shale or tar sands lease to less than 50 cents per acre per year.
(4) Lessees proceeding under a plan approved for director participation shall:
(a) maintain accurate books and records;
(b) make them available for inspection by the director at all reasonable times; and
(c) submit an accounting to the director at the conclusion of the program and at any other times the administration requests.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 3 - Deposit and Allocation of Revenue from Trust Lands › Part 1 - Land Grant Management Fund - Disposition of Revenue › Section 101 - Land Grant Management Fund -- Contents -- Use of money.

Effective 7/1/2017
53C-3-101.
Land Grant Management Fund -- Contents -- Use of money.
(1)
(a) There is created an enterprise fund known as the Land Grant Management Fund.
(b) This fund shall consist of:
(i) all revenues derived from trust lands except revenues from the sale of those lands;
(ii) all interest earned by the fund;
(iii) all revenues deposited in the fund in accordance with Subsection 41-22-19(3); and
(iv) all revenues obtained from other activities of the director or administration.
(2) The director may expend money:
(a) from the Land Grant Management Fund in accordance with the approved budget for the support of director and administration activities; and
(b) deposited in the fund in accordance with Subsection 41-22-19(3) as necessary to fulfill the purposes of Subsection 41-22-19(3)(b).
(3) Except for revenues deposited under Subsection (1)(b)(iii), any amount in excess of that required to fund the budget shall be distributed to the various trust beneficiaries as of June 30 of each calendar year, and at other times determined by the director, in shares equal to the portion of total Land Grant Management Fund revenues obtained from each beneficiary's land during the accounting period.
(4) Money from the lease or rental of school trust lands or from the use, sale, or lease of resources on school trust lands, all sums paid for fees, and all forfeitures or penalties received in connection with those transactions shall be deposited in the Permanent State School Fund.
(5) Money from the lease or rental of lands acquired by the state for the benefit of an institution named in Sections 7, 8, and 12 of the Utah Enabling Act, or from the use, sale, or lease of renewable or nonrenewable resources on those lands, and all forfeitures or penalties received in connection with those transactions, shall be deposited into the respective permanent funds established for the benefit of an institution named in Sections 7, 8, and 12 of the Utah Enabling Act.
(6) Except for revenues deposited under Subsection (1)(b)(iii), any remaining money, including interest earned on the account, shall be distributed in pro rata shares to the various beneficiaries.
Amended by Chapter 172, 2016 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 3 - Deposit and Allocation of Revenue from Trust Lands › Part 1 - Land Grant Management Fund - Disposition of Revenue › Section 103 - Disposition of interest on permanent funds.

Effective 7/1/2017
53C-3-103.
Disposition of interest on permanent funds.
The trust distributions derived from the investment of funds belonging to the permanent State School Fund and the permanent funds of the respective state institutions shall be distributed for use for the maintenance of public elementary and secondary schools or the state institutions in accordance with applicable law.
Amended by Chapter 172, 2016 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 3 - Deposit and Allocation of Revenue from Trust Lands › Part 1 - Land Grant Management Fund - Disposition of Revenue › Section 104 - Disposition of reservoir land grant revenue.

53C-3-104.
Disposition of reservoir land grant revenue.
Money from the sale or management of land selected under the Reservoir Land Grant for the establishment of permanent water reservoirs and water development and conservation projects for irrigation purposes shall be deposited in the Water Resources Construction Fund created in Section 73-10-8.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 3 - Deposit and Allocation of Revenue from Trust Lands › Part 1 - Land Grant Management Fund - Disposition of Revenue › Section 105 - Disposition of revenue for normal schools.

53C-3-105.
Disposition of revenue for normal schools.
Money distributed for the benefit of the state's normal schools, as provided under the Utah Enabling Act, Section 12, Utah Constitution Article X, Section 7, Utah Constitution Article XX, Section 2, and Sections 53C-3-101 and 53C-3-103, shall be allocated to institutions within the state system of higher education, as defined in Section 53B-1-102, that offer bachelor's degrees in education in proportion to the number of bachelor's degrees awarded by those institutions in the previous fiscal year.
Enacted by Chapter 189, 2005 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 3 - Deposit and Allocation of Revenue from Trust Lands › Part 2 - Federal-State Land Exchange › Section 201 - Definitions.

53C-3-201.
Definitions.
As used in this part:
(1) "Acquired lands" means lands acquired by the administration under the agreement.
(2) "Acquired mineral interests" means mineral interests acquired by the administration pursuant to Section 3(F), (K), (L), or (M) of the agreement.
(3) "Agreement" means the Agreement to Exchange Utah School Trust Lands Between the State of Utah and the United States of America, signed May 8, 1998, as ratified by the Utah School and Lands Exchange Act of 1998, Pub. L. No. 105-335.
(4) "Exchange" means a land or mineral interest exchange by the administration and the United States of America after March 1, 2007 that is directed by Congressional action.
(5) "Exchanged lands" means lands:
(a) acquired by the administration through an exchange; and
(b) reduced in value to take into account the presence of minerals subject to leasing under the Mineral Leasing Act, 30 U.S.C. Sec. 181 et seq.
(6) "Exchanged mineral interests" means mineral interests:
(a) acquired by the administration through an exchange; and
(b) reduced in value to take into account the presence of minerals subject to leasing under the Mineral Leasing Act, 30 U.S.C. Sec. 181 et seq.
(7) "Identified tracts" means the tracts identified in Section 3(F), (G), (J), (K), (L), and (M) of the agreement, generally referred to as the Cottonwood Tract, Westridge Coal Tract, Ferron Field, Mill Fork Tract, Dugout Canyon Tract, Muddy Tract, and North Horn Coal Tract.
(8) "Subject mineral" means a mineral that is covered by the Mineral Leasing Act, 30 U.S.C. Sec. 181 et seq.
Amended by Chapter 79, 2010 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 3 - Deposit and Allocation of Revenue from Trust Lands › Part 2 - Federal-State Land Exchange › Section 202 - Collection and distribution of revenues from federal land exchange parcels.

53C-3-202.
Collection and distribution of revenues from federal land exchange parcels.
(1) The director shall collect all bonus payments, rentals, and royalties from the lease of:
(a) minerals on acquired lands;
(b) acquired mineral interests;
(c) minerals on exchanged lands; and
(d) exchanged mineral interests.
(2) No later than the last day of the second month following each calendar quarter, the director shall distribute:
(a) bonus payments received during the calendar quarter from the lease of coal, oil and gas, and coalbed methane on the identified tracts as follows:
(i) 50% to the United States; and
(ii) 50% to the Land Exchange Distribution Account created in Section 53C-3-203;
(b) rentals and royalties received during the calendar quarter from the lease of subject minerals on the acquired lands and the lease of acquired mineral interests as follows:
(i) 50% to the Land Grant Management Fund created by Section 53C-3-101; and
(ii) 50% to the Land Exchange Distribution Account created in Section 53C-3-203;
(c) mineral bonus, rental, and royalty revenue generated from the lease of subject minerals, other than oil shale, on exchanged lands or from the lease of exchanged mineral interests, other than interests in oil shale, as follows:
(i) 50% to the Land Grant Management Fund created by Section 53C-3-101; and
(ii) 50% to the Land Exchange Distribution Account created in Section 53C-3-203; and
(d) mineral bonus, rental, and royalty revenue generated from the lease of oil shale on exchanged lands or the lease of exchanged mineral interests that are interests in oil shale, net of amounts paid to the United States pursuant to a reserved interest of the United States in oil shale, as follows:
(i) 50% to the Land Grant Management Fund created by Section 53C-3-101; and
(ii) 50% to the Land Exchange Distribution Account created in Section 53C-3-203.
(3)
(a) Except as provided in Subsection (3)(c), the director may retain up to 3% of the money collected under Subsection (1) to pay for administrative costs incurred under Subsections (1) and (2).
(b) Except as provided in Subsection (3)(c), the director may deduct administrative costs before distributions are made under Subsection (2).
(c) The director may not deduct administrative costs from the portion of collections derived from minerals on exchanged lands or exchanged mineral interests that is equal to the United States' reserved interest in oil shale.
(d) The director shall keep the administrative cost deductions in separate accounts.
(e) The money retained under Subsection (3)(a) is nonlapsing.
(f) The director shall distribute in accordance with Subsection (2) the unused balance of the money retained under Subsection (3)(a) that exceeds $2,000,000 at the end of a fiscal year.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 3 - Deposit and Allocation of Revenue from Trust Lands › Part 2 - Federal-State Land Exchange › Section 203 - Land Exchange Distribution Account.

Affected by 63I-1-253 on 7/1/2030
Effective 5/12/2020
53C-3-203.
Land Exchange Distribution Account.
(1) As used in this section, "account" means the Land Exchange Distribution Account created in Subsection (2)(a).
(2)
(a) There is created within the General Fund a restricted account known as the Land Exchange Distribution Account.
(b) The account shall consist of revenue deposited in the account as required by Section 53C-3-202.
(3)
(a) The state treasurer shall invest money in the account according to Title 51, Chapter 7, State Money Management Act.
(b) The Division of Finance shall deposit interest or other earnings derived from investment of account money into the General Fund.
(4) The Legislature shall annually appropriate from the account in the following order:
(a) $1,000,000 to the Constitutional Defense Restricted Account created in Section 63C-4a-402; and
(b) from the deposits to the account remaining after the appropriation in Subsection (4)(a), the following amounts:
(i) 55% of the deposits to counties in amounts proportionate to the amounts of mineral revenue generated from the acquired land, exchanged land, acquired mineral interests, or exchanged mineral interests located in each county, to be used to mitigate the impacts caused by mineral development;
(ii) 25% of the deposits to counties in amounts proportionate to the total surface and mineral acreage within each county that was conveyed to the United States under the agreement or an exchange, to be used to mitigate the loss of mineral development opportunities resulting from the agreement or exchange;
(iii) 1.68% of the deposits to the State Board of Education, to be used for education research and experimentation in the use of staff and facilities designed to improve the quality of education in Utah;
(iv) 1.66% of the deposits to the Geological Survey, to be used for natural resources development in the state;
(v) 1.66% of the deposits to the Water Research Laboratory at Utah State University, to be used for water development in the state;
(vi) 11% of the deposits to the Constitutional Defense Restricted Account created in Section 63C-4a-402;
(vii) 1% of the deposits to the Geological Survey, to be used for test wells and other hydrologic studies in the West Desert; and
(viii) 3% of the deposits to the Permanent Community Impact Fund created in Section 35A-8-303, to be used for grants to political subdivisions of the state to mitigate the impacts resulting from the development or use of school and institutional trust lands.
(5) The administration shall make recommendations to the Permanent Community Impact Fund Board for the Permanent Community Impact Fund Board's consideration when awarding the grants described in Subsection (4)(b)(viii).
Amended by Chapter 234, 2020 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 1 - Sales of Trust Lands › Section 101 - Criteria for sale, lease, exchange, or other disposition of trust lands.

53C-4-101.
Criteria for sale, lease, exchange, or other disposition of trust lands.
(1)
(a) The director shall establish criteria by rule for the sale, exchange, lease, or other disposition or conveyance of trust lands, including procedures for determining fair market value of those lands.
(b)
(i) Nothing in this title or in the administration's rules and procedures shall be considered to require the director or the administration to execute any transaction for the disposition of trust lands on terms that the director determines by a written finding to be unfavorable to the beneficiaries.
(ii) The director shall send a copy of the written finding to each board member for review and comment.
(2) The governor, with the consent of the board, may participate in efforts and initiatives related to school and institutional trust lands inholdings.
Amended by Chapter 247, 2011 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 1 - Sales of Trust Lands › Section 103 - Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions.

53C-4-103.
Rulemaking for sale of real property -- Licensed or certified appraisers -- Exceptions.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if the administration buys, sells, or exchanges real property, the administration shall make rules to ensure that the value of the real property is congruent with the proposed price and other terms of the purchase, sale, or exchange.
(2) The rules:
(a) shall establish procedures for determining the value of the real property;
(b) may provide that an appraisal, as defined under Section 61-2g-102, demonstrates the real property's value; and
(c) may require that the appraisal be completed by a state-certified general appraiser, as defined under Section 61-2g-102.
(3) Subsection (1) does not apply to the purchase, sale, or exchange of real property, or to an interest in real property:
(a) that is under a contract or other written agreement before May 5, 2008; or
(b) with a value of less than $100,000, as estimated by the state agency.
Amended by Chapter 289, 2011 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 2 - Surface Leases and Easements › Section 201 - Surface leases and user permits -- Procedures for issuing leases and user permits.

53C-4-201.
Surface leases and user permits -- Procedures for issuing leases and user permits.
(1) The director may issue surface leases and user permits of trust lands for any term consistent with sound and prudent real estate practices.
(2) This section does not apply to leases for grazing, oil, gas, and hydrocarbons, or other minerals.
(3)
(a)
(i) Surface leases or user permits may be entered into by negotiation, public auction, or other public competitive bidding process as determined by rules of the director.
(ii) The director may lease trust lands for development and subsequent sale of all or portions of such lands to third parties for no less than fair market value.
(b) Requests for proposals (RFP) on trust lands may be offered by the director after public notice.
Amended by Chapter 247, 2011 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 2 - Surface Leases and Easements › Section 202 - Lease and permit covenants.

53C-4-202.
Lease and permit covenants.
Each surface lease or user permit shall contain the following covenants:
(1) the lessee or permittee shall promptly pay the rent annually upon demand;
(2) no waste may be committed on the land;
(3) the premises shall be promptly surrendered at the expiration of the term;
(4) the lessee or permittee may not sublet or assign without the prior written consent of the director;
(5) failure to pay the agreed rent for a period of one month from the time rent is due shall result in a forfeiture of the lease or permit after notice; and
(6) where authorized improvements have been placed on the land by any person other than the lessee or permittee, the director may require the lessee or permittee to allow the owner of the improvements to remove them within 90 days.
Amended by Chapter 299, 1995 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 2 - Surface Leases and Easements › Section 203 - Easements on trust lands -- Director to establish rules.

53C-4-203.
Easements on trust lands -- Director to establish rules.
(1) The director shall establish rules for the issuance of easements on, through, and over any trust land, and may establish price schedules.
(2) A patent for trust lands is subject to any valid existing easement or public right-of-way.
Amended by Chapter 299, 1995 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 3 - Exchanges and Grants › Section 301 - Exchange of trust lands -- Based on equal value -- Lands encumbered by a lease.

53C-4-301.
Exchange of trust lands -- Based on equal value -- Lands encumbered by a lease.
(1)
(a) In accordance with rules of the director, trust lands or other trust assets may be exchanged for other land or other assets.
(b) The director shall deliver the necessary patents to other proprietors and receive proper deeds for the lands exchanged.
(c) The director shall issue, deliver, and accept conveyance documents in land exchanges in accordance with accepted real estate closing practices.
(2)
(a) If trust lands are encumbered by an existing lease, the director may, upon approval of an exchange, and with the consent of the lessee, terminate the existing lease and issue a lease of the same type on lands which may be acquired in the same exchange in which the leased lands are used as base.
(b) The state shall honor all vested rights upon acceptance of exchanged lands.
Amended by Chapter 247, 2011 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 3 - Exchanges and Grants › Section 302 - Public land grants -- Board and director to request a survey.

53C-4-302.
Public land grants -- Board and director to request a survey.
The board and director shall take all necessary steps to encourage the federal Bureau of Land Management to complete the survey of public unsurveyed lands for the purpose of satisfying the public land grants to this state in accordance with federal law.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 3 - Exchanges and Grants › Section 303 - Public land grants -- Procedures for selection of additional lands.

53C-4-303.
Public land grants -- Procedures for selection of additional lands.
(1) All selections of land shall be made in legal subdivisions according to the United States survey.
(2) When a selection has been made and approved by the director, the director shall take action necessary to secure the approval of the proper officers of the United States and the final transfer of the lands selected to this state.
(3) The director may cancel, relinquish, or release the claims of the state to, and may reconvey to the United States, any particular tract of land erroneously listed to the state, or any tract upon which, at the time of selection, a bona fide claim has been initiated by an actual settler.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 4 - Sales, Exchanges, and Leases of Trust Lands › Part 3 - Exchanges and Grants › Section 304 - Public land grants -- Transcription of selected lands to be sent to county recorders.

53C-4-304.
Public land grants -- Transcription of selected lands to be sent to county recorders.
(1) The director shall receive clear lists to lands in this state from the Department of the Interior.
(2) Within 90 days of receipt, the director shall transmit to the county recorders a certified transcript of all lands within their respective counties selected and approved for this state under federal law.
(3) The county recorder shall immediately, upon receipt of the certified transcripts, enter them in the records of the recorder's office.
(4) Any certified transcript required by this section, when recorded, shall be accepted in lieu of the original approved lists, and shall be sufficient evidence of the conveyance of the lands described in it by the United States to the state.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 5 - Management of Range Resources › Section 101 - Management of range resources.

53C-5-101.
Management of range resources.
(1) The director is responsible for the efficient management of all range resources on lands under the director's administration, consistent with his fiduciary duties of financial support to the beneficiaries.
(2) This management shall be based on sound resource management principles.
Amended by Chapter 237, 2000 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 5 - Management of Range Resources › Section 102 - Grazing permits -- Treatment of permits on federal lands required by the state.

53C-5-102.
Grazing permits -- Treatment of permits on federal lands required by the state.
(1)
(a) The director may issue grazing permits on trust lands under terms and conditions established by rules of the director.
(b) Those terms shall be based on the fair market value of the permit.
(2)
(a) Upon selecting, exchanging, or otherwise acquiring lands of the United States, the director shall honor, for the remainder of the applicable term, all leases, permits, and contracts, and the related terms and conditions of user agreements on United States lands, including permitted stocking rates, grazing fee levels, access rights, and all existing activities that currently or historically have dictated an understanding of usage between the land user and the federal government.
(b) Improvements of the permittee or lessee to the land shall be honored by the state in the acquisition of federal lands.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 5 - Management of Range Resources › Section 103 - Control of noxious weeds, new and invading plant species, insects, and disease infestations.

53C-5-103.
Control of noxious weeds, new and invading plant species, insects, and disease infestations.
The director may enter into agreements with other public agencies and private landowners to cooperate in the control of noxious weeds, new and invading plant species, insects, and disease infestations on state-owned and adjacent lands.
Enacted by Chapter 294, 1994 General Session
2023 Utah Code › Title 53C - School and Institutional Trust Lands Management Act › Chapter 5 - Management of Range Resources › Section 104 - Fees.

53C-5-104.
Fees.
(1) The director shall collect a fee annually from each grazing permittee for the control of noxious weeds, new and invading plant species, insects, and disease infestations on trust rangelands.
(2) The fee shall be 10 cents per animal unit month (AUM).
(3) Fees collected by the director under this section shall be deposited in the Land Grant Management Fund created in Section 53C-3-101 and shall be used by the director for the payment of costs incurred in controlling noxious weeds, new and invading plant species, insects, and disease infestations on school and institutional trust lands.
Amended by Chapter 253, 2004 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 1 - General Provisions › Section 101 - Title.

Effective 7/1/2018
53D-1-101.
Title.
(1) This title is known as "School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office."
(2) This chapter is known as the "School and Institutional Trust Fund Management Act."
Amended by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/14/2019
53D-1-102.
Definitions.
As used in this chapter:
(1) "Account" means the School and Institutional Trust Fund Management Account, created in Section 53D-1-203.
(2) "Advocacy office director" means the director of the Land Trusts Protection and Advocacy Office, appointed under Section 53D-2-203.
(3) "Beneficiaries":
(a) means those for whose benefit the trust fund is managed and preserved, consistent with the enabling act, the Utah Constitution, and state law; and
(b) does not include other government institutions or agencies, the public at large, or the general welfare of the state.
(4) "Board" means the board of trustees established in Section 53D-1-301.
(5) "Director" means the director of the office.
(6) "Enabling act" means the act of Congress, dated July 16, 1894, enabling the people of Utah to form a constitution and state government and to be admitted into the Union.
(7) "Land Trusts Protection and Advocacy Office" or "advocacy office" means the Land Trusts Protection and Advocacy Office created in Section 53D-2-201.
(8) "Nominating committee" means the committee established under Section 53D-1-501.
(9) "Office" means the School and Institutional Trust Fund Office, created in Section 53D-1-201.
(10) "Trust fund" means money derived from:
(a) the sale or use of land granted to the state under Sections 6, 8, and 12 of the enabling act;
(b) proceeds referred to in Section 9 of the enabling act from the sale of public land; and
(c) revenue and assets referred to in Utah Constitution, Article X, Section 5, Subsections (1)(c), (e), and (f).
Amended by Chapter 136, 2019 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 1 - General Provisions › Section 104 - Attorney general representation.

Effective 5/9/2017
53D-1-104.
Attorney general representation.
(1) The attorney general shall:
(a) represent the board, director, and office in any legal action relating to the trust fund;
(b) undertake suits for damages and any other necessary or appropriate relief in the name of the trust fund and the state; and
(c) ensure that legal counsel assigned to provide legal counsel to the board, director, and office is present at board meetings as needed.
(2) The attorney general may institute an action to enforce this chapter or to protect the interests of beneficiaries.
Amended by Chapter 179, 2017 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 1 - General Provisions › Section 105 - Annual audit by state auditor.

Effective 7/1/2014
53D-1-105.
Annual audit by state auditor.
(1) The state auditor shall conduct an annual audit of the trust fund money and assets on a fund by fund basis, including:
(a) an evaluation of the independent custodial arrangements made for the management and investment of trust fund money and assets; and
(b) a verification of the accuracy of the office's report of returns generated on the office's investments.
(2) The state auditor shall:
(a) report the results of an audit under this section in writing; and
(b) make the written audit report available to the public.
(3) The state auditor shall consult with the board at least annually as to whether additional matters should be included within the scope of the annual audit.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 2 - School and Institutional Trust Fund Office › Section 201 - School and Institutional Trust Fund Office -- Status -- Duties.

Effective 7/1/2014
53D-1-201.
School and Institutional Trust Fund Office -- Status -- Duties.
(1) There is created within state government the School and Institutional Trust Fund Office.
(2) The office is an independent state agency within the executive branch and is not a division of any other executive branch department.
(3) The office shall manage the trust fund.
(4) No later than September 1 of each year, the office shall provide to the Division of Finance financial information for the prior fiscal year that the Division of Finance requests for financial reporting purposes.
Enacted by Chapter 426, 2014 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 2 - School and Institutional Trust Fund Office › Section 202 - Access to office records and personnel.

Effective 7/1/2018
53D-1-202.
Access to office records and personnel.
(1) The office shall provide board members and the advocacy office director access to all office records and personnel as necessary for board members and the advocacy office director to fulfill their responsibilities to ensure that the office is in full compliance with applicable law and policies.
(2) If the director requires, board members and the advocacy office director shall maintain confidentiality of information they obtain from office records and personnel.
Amended by Chapter 448, 2018 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 2 - School and Institutional Trust Fund Office › Section 203 - Funding of office operations.

Effective 5/14/2019
53D-1-203.
Funding of office operations.
(1) As used in this section, "trust fund earnings" includes any of the following that is in excess of the trust fund corpus:
(a) realized or unrealized gains;
(b) interest;
(c) dividends;
(d) other income; or
(e) other sources of revenue.
(2) There is created an enterprise fund known as the School and Institutional Trust Fund Management Account.
(3) The account is funded by money deposited into the account as provided in Subsection (4).
(4) Except as provided in Subsection (5)(b), the director shall deposit into the account an amount of money from the trust fund earnings equal to the annual appropriation that the Legislature makes to the office, to pay for the office's operating costs.
(5)
(a) The office may use money in the account to pay for the office's operating costs.
(b) If the amount of money deposited into the account under Subsection (4) in any fiscal year exceeds the amount required by the office during that fiscal year to fund the office's operations, the office shall, in the following fiscal year, reduce the amount deposited into the account under Subsection (4) by the amount of the unspent appropriation.
(6)
(a) The office may deduct from trust fund earnings:
(i) the cost for any audit, risk management, consulting, equipment, legal services, software, research, or custodial services; or
(ii) manager fees incurred in managing the trust fund assets.
(b) The costs and fees described in Subsection (6)(a) are separate from and in addition to the office's operating costs that are paid from the account.
Amended by Chapter 191, 2019 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 3 - School and Institutional Trust Fund Board of Trustees › Section 301 - Board of trustees -- Creation -- Membership.

Effective 5/12/2015
53D-1-301.
Board of trustees -- Creation -- Membership.
(1) There is created a School and Institutional Trust Fund Board of Trustees.
(2) The board consists of:
(a) the state treasurer; and
(b) four additional members who are appointed by the state treasurer on a nonpartisan basis from a list of at least two qualified candidates per position, nominated by the nominating committee, as provided in Section 53D-1-503.
(3) The state treasurer shall appoint members under Subsection (2)(b) who possess:
(a) outstanding professional qualifications pertinent to the prudent investment of trust fund money; and
(b) expertise in institutional investment management.
(4)
(a) The term of a board member under Subsection (2)(b) is six years.
(b) Notwithstanding Subsection (4)(a), the nominating committee shall stagger terms of initial board members so that the term of not more than one member expires in any year.
(c) A board member may not serve consecutive terms, except that:
(i) a board member whose term is less than six years because of the staggering of terms under Subsection (4)(b) may serve a full consecutive term after the completion of the initial term; and
(ii) a member appointed to fill a vacancy may serve a full consecutive term after filling a previous unexpired term.
(d) A board member shall serve until a successor is appointed, confirmed, and qualified.
(5) Before assuming duties as a board member, a member shall take an oath of office that includes the following:
"I solemnly swear to carry out my duties as a member of the School and Institutional Trust Fund Board of Trustees and to act with undivided loyalty to the beneficiaries of the trust fund that the board oversees, to the best of my abilities and consistent with the law."
(6) The state treasurer may remove a board member for cause, subject to the affirmative vote of at least two other board members, besides the state treasurer.
(7) The state treasurer shall fill a vacancy in the same manner as the initial appointment under Subsection (2)(b).
(8) A board member may not receive any compensation or benefits for the member's service, but the member may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 258, 2015 General Session
2023 Utah Code › Title 53D - School and Institutional Trust Fund Management and Land Trusts Protection and Advocacy Office › Chapter 1 - School and Institutional Trust Fund Management Act › Part 3 - School and Institutional Trust Fund Board of Trustees › Section 302 - Board chair and vice chair -- Quorum.

Effective 7/1/2014
53D-1-302.
Board chair and vice chair -- Quorum.
(1)
(a) The state treasurer is the chair of the board.
(b) The chair shall faithfully represent the will of the board to the extent the board's will is consistent with state law.
(2)
(a) The board shall annually select a vice chair from its membership.
(b) The vice chair shall act as chair in the absence of the chair.
(3)
(a) Three members of the board constitute a quorum for the purpose of holding a meeting.
(b) Unless otherwise specified in this title, an action of the board requires the affirmative vote of at least three members.
Enacted by Chapter 426, 2014 General Session