(1) The impact board shall:

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Terms Used In Utah Code 35A-8-305

  • Bonus payments: means that portion of the bonus payments received by the United States government under the Leasing Act paid to the state under Section 35 of the Leasing Act, Utah Code 35A-8-302
  • Contract: A legal written agreement that becomes binding when signed.
  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Impact board: means the Permanent Community Impact Fund Board created under Section 35A-8-304. See Utah Code 35A-8-302
  • Impact fund: means the Permanent Community Impact Fund established by this chapter. See Utah Code 35A-8-302
  • Interlocal agency: means a legal or administrative entity created by a subdivision or combination of subdivisions under the authority of Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 35A-8-302
  • Planning: includes :
              (7)(b)(i) the preparation of maps and guidelines;
              (7)(b)(ii) land use planning;
              (7)(b)(iii) a study or analysis of:
                   (7)(b)(iii)(A) the social or economic impacts associated with natural resource development;
                   (7)(b)(iii)(B) the demand for the transportation of individuals or goods;
                   (7)(b)(iii)(C) state, regional, and local development and growth;
                   (7)(b)(iii)(D) population and employment;
                   (7)(b)(iii)(E) development related to natural resources; and
                   (7)(b)(iii)(F) as related to any other activity described in this Subsection (7), engineering, financial analysis, legal analysis, or any other analysis helpful to the state, subdivision, or interlocal agency; and
              (7)(b)(iv) any activity described in this Subsection (7) regardless of whether the activity is for a public facility or a public service. See Utah Code 35A-8-302
  • Public service: includes :
              (9)(b)(i) a service described in Subsection (9)(a) regardless of whether the service is provided in connection with a public facility;
              (9)(b)(ii) the cost of providing a service described in Subsection (9)(a), including administrative costs, wages, and legal fees; and
              (9)(b)(iii) a contract with a public postsecondary institution to fund research, education, or a public service program. See Utah Code 35A-8-302
  • 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
  • Subdivision: means a county, city, town, county service area, special service district, special improvement district, water conservancy district, water improvement district, sewer improvement district, housing authority, building authority, school district, or public postsecondary institution organized under the laws of this state. See Utah Code 35A-8-302
     (1)(a) make grants and loans from the amounts appropriated by the Legislature out of the impact fund to state agencies, subdivisions, and interlocal agencies that are or may be socially or economically impacted, directly or indirectly, by mineral resource development for:

          (1)(a)(i) planning;
          (1)(a)(ii) construction and maintenance of public facilities; and
          (1)(a)(iii) provision of public services;
     (1)(b) establish the criteria by which the loans and grants will be made;
     (1)(c) determine the order in which projects will be funded;
     (1)(d) in conjunction with other agencies of the state, subdivisions, or interlocal agencies, conduct studies, investigations, and research into the effects of proposed mineral resource development projects upon local communities;
     (1)(e) sue and be sued in accordance with applicable law;
     (1)(f) qualify for, accept, and administer grants, gifts, loans, or other funds from:

          (1)(f)(i) the federal government; and
          (1)(f)(ii) other sources, public or private; and
     (1)(g) perform other duties assigned to it under Sections 11-13-306 and 11-13-307.
(2) Money, including all loan repayments and interest, in the impact fund derived from bonus payments may be used for any of the purposes set forth in Subsection (1)(a) but may only be given in the form of interest bearing loans to be paid back into the impact fund by the agency, subdivision, or interlocal agency.
(3) The impact board may make a grant or loan under Subsection (1) regardless of whether the activity results in more than one impact or outcome, including an increase in natural resource development or an increase in economic development.
(4) If the public service described in Subsection (1)(a) is a contract with a public postsecondary institution described in Subsection 35A-8-302(9)(b)(iii), the contract shall be:

     (4)(a) based on an application to the impact board from the impacted county; and
     (4)(b) approved by the county legislative body.