53C-1-201. Creation of administration -- Purpose -- Director -- Participation in Risk Management Fund -- Closed meetings.
(1) There is established within state government the School and Institutional Trust Lands Administration. The administration shall manage all school and institutional trust lands and assets within the state, except as otherwise provided in, and. Title 53C, Chapter 3, Deposit and Allocation of Revenue from Trust Lands Title 53D, Chapter 1, School and Institutional Trust Fund Management Act
(2) The administration is an independent state agency and not a division of any other department.
(3) The administration is subject to the usual legislative and executive department controls except as provided in this Subsection. (3) The director may make rules as approved by the board that allow the administration to classify a business proposal submitted to the administration as protected under Section, for as long as is necessary to evaluate the proposal. 63G-2-305 The administration shall return the proposal to the party who submitted the proposal, and incur no further duties under, if the administration determines not to proceed with the proposal. Title 63G, Chapter 2, Government Records Access and Management Act The administration shall classify the proposal pursuant to law if the administration decides to proceed with the proposal. Sectiondoes not apply during the review period. 63G-2-403 The director shall make rules in compliance with, except that the administration is not subject to Subsections,,, andand Section, and the director, with the board's approval, may establish a procedure for the expedited approval of rules, based on written findings by the director showing: Title 63G, Chapter 3, Utah Administrative Rulemaking Act 63G-3-301(5) (6) (7) (13) 63G-3-601 the changes in business opportunities affecting the assets of the trust; the specific business opportunity arising out of those changes which may be lost without the rule or changes to the rule; the reasons the normal procedures under Sectioncannot be met without causing the loss of the specific opportunity; 63G-3-301 approval by at least five board members; and that the director has filed a copy of the rule and a rule analysis, stating the specific reasons and justifications for the director's findings, with the Office of Administrative Rules and notified interested parties as provided in Subsection. 63G-3-301(10) The administration shall comply with, except as provided in this Subsection. Title 63A, Chapter 17, Utah State Personnel Management Act (3)(d) The board may approve, upon recommendation of the director, that exemption for specific positions under Subsectionsandis required in order to enable the administration to efficiently fulfill the administration's responsibilities under the law. 63A-17-301(1) 63A-17-307(2) The director shall consult with the director of the Division of Human Resource Management before making a recommendation under Subsection. (3)(d)(ii)(A) The positions of director, deputy director, associate director, assistant director, legal counsel appointed under Section, administrative assistant, and public affairs officer are exempt under Subsectionsand. 53C-1-305 63A-17-301(1) 63A-17-307(2) The director shall set salaries for exempted positions, except for the director, after consultation with the director of the Division of Human Resource Management, within ranges approved by the board. The board and director shall consider salaries for similar positions in private enterprise and other public employment when setting salary ranges. The board may create an annual incentive and bonus plan for the director and other administration employees designated by the board, based upon the attainment of financial performance goals and other measurable criteria defined and budgeted in advance by the board. The administration shall comply with: subject to Subsection,; (8) Title 52, Chapter 4, Open and Public Meetings Act; and Title 63G, Chapter 2, Government Records Access and Management Act, except where the board approves, upon recommendation of the director, exemption from the Utah Procurement Code, and simultaneous adoption of rules under, for procurement, that enable the administration to efficiently fulfill the administration's responsibilities under the law. Title 63G, Chapter 6a, Utah Procurement Code Title 63G, Chapter 3, Utah Administrative Rulemaking Act Except as provided in Subsection, the administration is not subject to the fee agency requirements of Section. (3)(f)(ii) 63J-1-504 The following fees of the administration are subject to Section: 63J-1-504 application; assignment; amendment; affidavit for lost documents; name change; reinstatement; grazing nonuse; extension of time; partial conveyance; patent reissue; collateral assignment; electronic payment; and processing. Notwithstanding Subsection, the administration may transfer money between the administration's line items. 63J-1-206(2)(c) Before transferring appropriated money between line items, the administration shall submit a proposal to the board for the board's approval. If the board gives approval to a proposal to transfer appropriated money between line items, the administration shall submit the proposal to the Legislative Executive Appropriations Committee for the Legislative Executive Appropriations Committee's review and recommendations. The Legislative Executive Appropriations Committee may recommend: that the administration transfer the appropriated money between line items; that the administration not transfer the appropriated money between line items; or to the governor that the governor call a special session of the Legislature to supplement the appropriated budget for the administration.
(4) The administration is managed by a director of school and institutional trust lands appointed by a majority vote of the board of trustees with the consent of the governor.
(5) The board of trustees shall provide policies for the management of the administration and for the management of trust lands and assets. The board shall provide policies for the ownership and control of Native American remains that are discovered or excavated on school and institutional trust lands in consultation with the Division of Indian Affairs and giving due consideration to. Title 9, Chapter 9, Part 4, Native American Grave Protection and Repatriation Act The director may make rules in accordance with, to implement policies provided by the board regarding Native American remains. Title 63G, Chapter 3, Utah Administrative Rulemaking Act
(6) In connection with joint ventures and other transactions involving trust lands and minerals approved under Sectionsand, the administration, with board approval, may become a member of a limited liability company under Title 16, Chapter 20, Utah Revised Uniform Limited Liability Company Act, as appropriate pursuant to Sectionand is considered a person under Section. 53C-1-303 53C-2-401 16-20-1205 16-20-101
(7) Subject to Subsection, the administration may participate in coverage under the Risk Management Fund created by Section. 63E-1-304(2) 63A-4-201
(8) Notwithstanding Subsection, Subsectionor, and in addition to the reasons to close a meeting under Section, the board may hold a closed meeting if two-thirds of the members present when a quorum is present vote to close the meeting for the purpose of: (3) 52-4-204(2) 52-4-205(1) 52-4-205 conducting a strategy session to discuss market conditions relevant to the sale of particular trust assets if the terms of the sale of any trust assets are publicly disclosed before the board approves the sale and a public discussion would: disclose the appraisal or estimated value of the trust assets under consideration; or prevent the board from completing a contemplated transaction concerning the trust assets on the best possible terms; or conducting a strategy session to evaluate the terms of a joint venture or other business arrangement authorized under Subsectionif the terms of the joint venture or other business arrangement are publicly disclosed before the board approves the transaction and a public discussion of the transaction would: 53C-1-303(3)(e) disclose the appraisal or estimated value of the trust assets under consideration; or prevent the board from completing the transaction concerning the joint venture or other business arrangement on the best possible terms. The board shall comply with the procedural requirements for closing a meeting under. Title 52, Chapter 4, Open and Public Meetings Act