Section 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:
  • (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