R850-120. Beneficiary Use of Institutional Trust Land  

R850-120-100. Authorities
Latest version.

This rule implements the Utah Enabling Act to allow use of land granted under Sections 7, 8 and 12 of that Act by its beneficiary institution as a direct economic benefit to the institution and specifies application procedures and review criteria under authority of Sections 53C-1-302(1)(a)(ii) and 53C-4-101(1).

R850-120-150. Planning
Latest version.

Pursuant to Section 53C-2-201(1)(a),the Trust Lands Administration shall also undertake to complete the following planning obligations, in addition to the rule-based analysis and approval processes that are prescribed by this rule:

1. To the extent required by the Memorandum of Understanding between the State Planning Coordinator and the School and Institutional Trust Lands Administration, submit the proposal for review by the Resource Development Coordinating Committee (RDCC); and

2. Evaluation of and response to comments received through the RDCC process.

R850-120-200. Scope
Latest version.

This rule applies to applications by those institutions named in Sections 7, 8 and 12 of the Utah Enabling Act for in-kind use of their respective institutional trust lands administered by the agency.

R850-120-300. Application Requirements
Latest version.

1. A letter of application must be received with a non-refundable application fee. The application fee will be established separately for each application based upon the cost of processing the application. The letter of application must include:

(a) the name and address of contact authority;

(b) a legal description of the land involved;

(c) a statement of the intended in-kind use;

(d) documentation that describes the manner in which the intended in-kind use is consistent with plans and programs approved or under development by the institution, and the institution's statutory mandates.

2. Upon receipt of a letter of application, the agency shall review it for completeness. Institutions submitting deficient letters of application shall be allowed 120 days to provide the required information.

R850-120-400. Review Criteria
Latest version.

The agency may enter into agreements for in-kind use of institutional trust land by its beneficiary. The criteria by which an application will be considered are:

1. The applicant must be the beneficiary of the land under application.

2. The agreed use must be a prudent use of the property, taking into account related plans and programs approved by the institution, the opportunity cost of the in-kind use and the effect of that use on the management of other institutional trust lands.

3. The in-kind use must not result in net derogation of trust asset value.

4. The in-kind use must be consistent with the institution's constitutional and statutory mandate.

R850-120-500. Determination for Beneficiary Use
Latest version.

1. The director may approve the in-kind use when the criteria specified in R850-120-400 are satisfied.

2. Applicants desiring reconsideration of agency action relative to in-kind use determinations may petition for review pursuant to R850-9.

3. An in-kind use agreement may, in the discretion of the agency, contain stipulations including, but not limited to, the following:

(a) Provisions for periodic monitoring of the in-kind use to assure compliance with the purposes of the use agreement;

(b) Provisions allowing for the collection of compensation to the agency for frequent or extensive monitoring; and

(c) Provisions which will allow for cancellation or amendment of leases in order to comply with statutory changes.

4. Beneficiary institutions shall, at early stages of in-kind use proposal development, contact the agency regarding the feasibility of in-kind use. Beneficiary institutions may not use or otherwise occupy the property until a formal in-kind use agreement has been fully executed.