Utah Code 59-5-116. Disposition of certain taxes collected on Ute Indian land

59-5-116. Disposition of certain taxes collected on Ute Indian land.

(1)

Except as provided in Subsection (2), there shall be deposited into the Uintah Basin Revitalization Fund established in Section 35A-8-1602:

Terms Used In Utah Code 59-5-116

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Gas: means :

(i)	natural gas;

(ii)	natural gas liquids; or

(iii)

any mixture of natural gas and natural gas liquids. See Utah Code 59-5-101

Land: includes :Utah Code 68-3-12.5

Oil: means :

(i)	crude oil;

(ii)	condensate; or

(iii)

any mixture of crude oil and condensate. See Utah Code 59-5-101

Tribe: means the Ute Indian Tribe of the Uintah and Ouray Reservation. See Utah Code 59-5-101

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(a)

for taxes imposed under this part, 33% of the taxes collected on oil, gas, or other hydrocarbon substances produced from a well:

(i)	for which production began on or before June 30, 1995; and

(ii)

attributable to interests:

(A)	held in trust by the United States for the Tribe and its members; or

(B)	on lands identified in Pub. L. No. 440, 62 Stat. 72 (1948);

(b)

for taxes imposed under this part, 80% of taxes collected on oil, gas, or other hydrocarbon substances produced from a well:

(i)	for which production began on or after July 1, 1995; and

(ii)

attributable to interests:

(A)	held in trust by the United States for the Tribe and its members; or

(B)	on lands identified in Pub. L. No. 440, 62 Stat. 72 (1948); and

(c)

for taxes imposed under this part, 80% of taxes collected on oil, gas, or other hydrocarbon substances produced from a well:

(i)	for which production began on or after January 1, 2001; and

(ii)	attributable to interests on lands conveyed to the tribe under the Ute-Moab Land Restoration Act, Pub. L. No. 106-398, Sec. 3303.

(2)

(a)

The maximum amount deposited in the Uintah Basin Revitalization Fund may not exceed:

(i)	$3,000,000 in fiscal year 2005-06;

(ii)	$5,000,000 in fiscal year 2006-07;

(iii)

$6,000,000 in fiscal years 2007-08 and 2008-09; and

(iv)	for fiscal years beginning with fiscal year 2009-10, the amount determined by the commission as described in Subsection (2)(b).

(b)

(i)	The commission shall increase or decrease the dollar amount described in Subsection (2)(a)(iii) by a percentage equal to the percentage difference between the consumer price index for the preceding calendar year and the consumer price index for calendar year 2008; and

(ii)	after making an increase or decrease under Subsection (2)(b)(i), round the dollar amount to the nearest whole dollar.

(c)	For purposes of this Subsection (2), “consumer price index” is as described in Section 1(f)(4), Internal Revenue Code, and defined in Section (1)(f)(5), Internal Revenue Code.

(d)	Any amounts in excess of the maximum described in Subsection (2)(a) shall be credited as provided in Sections 51-9-305, 51-9-306, 51-9-307, and 59-5-115.

Amended by Chapter 401, 2021 General Session

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