Utah Code 35A-8-301. Legislative intent — Purpose and policy

35A-8-301. Legislative intent — Purpose and policy.

(1)

It is the intent of the Legislature to make available funds received by the state from federal mineral lease revenues under Section 59-21-2, bonus payments on federal oil shale lease tracts U-A and U-B, and all other bonus payments on federal mineral leases to be used for planning, construction and maintenance of public facilities, and provision of public service, subject to the limitations provided for in Section 35 of the Mineral Leasing Act of 1920 (41 Stat. 450, 30 U.S.C. § 191).

Terms Used In Utah Code 35A-8-301

Bonus payments: means that portion of the bonus payments received by the United States government under the Leasing Act paid to the state under Section 35 of the Leasing Act, 30 U. See Utah Code 35A-8-302
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Leasing Act: means the Mineral Lands Leasing Act of 1920, 30 U. See Utah Code 35A-8-302
Planning: includes :

(i)	the preparation of maps and guidelines;

(ii)	land use planning;

(iii)

a study or analysis of:

(A)	the social or economic impacts associated with natural resource development;

(B)	the demand for the transportation of individuals or goods;

(C)	state, regional, and local development and growth;

(D)	population and employment;

(E)	development related to natural resources; and

(F)	as related to any other activity described in this Subsection (7), engineering, financial analysis, legal analysis, or any other analysis helpful to the state, subdivision, or interlocal agency; and

(iv)

any activity described in this Subsection (7) regardless of whether the activity is for a public facility or a public service. See Utah Code 35A-8-302

Public service: includes :

(i)	a service described in Subsection (9)(a) regardless of whether the service is provided in connection with a public facility;

(ii)	the cost of providing a service described in Subsection (9)(a), including administrative costs, wages, and legal fees; and

(iii)	a contract with a public postsecondary institution to fund research, education, or a public service program. See Utah Code 35A-8-302 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)	To the extent allowed under the Mineral Leasing Act, any ambiguity as to whether a particular use of the lease revenue and bonus payments described in Subsection (1) is a permissible use under this part shall be resolved in favor of upholding the use.

(3)

The purpose of this part is to maximize the long term benefit of funds derived from these lease revenues and bonus payments by fostering funding mechanisms which will, consistent with sound financial practices, result in the greatest use of financial resources for the greatest number of citizens of this state, with priority given to those communities designated as impacted by the development of natural resources covered by the Mineral Leasing Act.

(4)	The policy of this state is to promote cooperation and coordination between the state and the state’s agencies and political subdivisions with individuals, firms, and business organizations engaged in the development of the natural resources of this state.

Amended by Chapter 339, 2021 General Session

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