Utah Code 65A-17-302. Minerals or elements extracted from the Great Salt Lake subject to royalty rate
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(1) An operator who removes or extracts a mineral or element from the Great Salt Lake and does not return the mineral or element to the Great Salt Lake shall compensate the division for the value of the mineral or element at the royalty rate established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if a royalty rate has been established, except that this Subsection (1) only applies to the extent that the mineral or element:
Terms Used In Utah Code 65A-17-302
- Commercially viable technology: means a technology that:(2)(a) has been successfully implemented on a commercial scale in similar conditions;(2)(b) is shown to be economically viable; and(2)(c) is reasonably compatible with the operator's overall extraction process. See Utah Code 65A-17-101
- Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
- Mineral or element: means :
(10)(a) a rare earth element;(10)(b) a trace element or mineral;(10)(c) a chemical compound that includes a rare earth element or trace element or mineral; or(10)(d) a mineral or element that is attached, embedded to, or is a by-product of another mineral or element. See Utah Code 65A-17-101- Operator: means a person qualified to do business in the state pursuing the extraction of minerals or elements from the Great Salt Lake. See Utah Code 65A-17-101
- Paying quantities: means the revenue generated from the sale of the mineral or element being produced exceeds the costs associated with obtaining the mineral or element, including any royalty obligation. See Utah Code 65A-17-101
- 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
(1)(a) has been nominated under Subsection65A-6-4 (7)(a) or for which the division has established a royalty rate in rule; and(1)(b) can be extracted in paying quantities through a commercially viable technology after a reasonable period determined by the division, that is at least five years but does not exceed seven years, from the day on which the division determines that the technology is a commercially viable technology.(2)(2)(a) The division shall require an operator that removes or extracts a mineral or element from the Great Salt Lake to annually certify to the division by no later than May 1 whether the operator is in compliance with Subsection (1). The certification by the operator shall:(2)(a)(i) state the operator’s name;(2)(a)(ii) list the amount of each mineral or element that the operator has removed or extracted from the Great Salt Lake in the previous calendar year; and(2)(a)(iii) include other information as determined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(2)(b) The operator shall submit the certificate on a form provided by the division.(3)(3)(a) If the division finds that an operator has violated Subsection (1), the division shall issue the operator an order that:(3)(a)(i) finds that the operator is in violation of Subsection (1);(3)(a)(ii) states the mineral or element for which the operator has failed to pay the royalty rate;(3)(a)(iii) states the amount of the mineral or element that was removed or extracted but for which the operator failed to pay the royalty rate; and(3)(a)(iv) orders the payment of the applicable royalty.(3)(b) The operator may seek review of an order issued under this Subsection (3) in accordance with Title 63G, Chapter 4, Administrative Procedures Act.(4) The division may take an enforcement action against an operator in violation of this section.