Utah Code 40-6-4. Board of Oil, Gas, and Mining created — Functions — Appointment of members — Terms — Chair — Quorum — Expenses
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Terms Used In Utah Code 40-6-4
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-6-2
- Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-6-2
- Gas: means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. See Utah Code 40-6-2
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Oil: includes tar sands produced at the wellhead in liquid form through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
- Owner: means a person who has the right:
(18)(a) to drill into and produce from a reservoir; and(18)(b) to appropriate the oil and gas produced for that person or for that person and others. See Utah Code 40-6-2- Person: means the same as that term is defined in Section Utah Code 40-6-2
- Quorum: The number of legislators that must be present to do business.
(1)(a) There is created within the Department of Natural Resources the Board of Oil, Gas, and Mining.(1)(b) The board shall be the policy making body for the Division of Oil, Gas, and Mining.(2)(2)(a) The board shall consist of seven members appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.(2)(b) No more than four members shall be from the same political party.(2)(c) In accordance with the requirements of Section79-2-203 , the members appointed under Subsection (2)(a) shall include the following:(2)(c)(i) two members who are knowledgeable in mining matters;(2)(c)(ii) two members who are knowledgeable in oil and gas matters;(2)(c)(iii) one member who is knowledgeable in ecological and environmental matters;(2)(c)(iv) one member who:(2)(c)(iv)(A) is a private land owner;(2)(c)(iv)(B) owns a mineral or royalty interest; and(2)(c)(iv)(C) is knowledgeable in mineral or royalty interests; and(2)(c)(v) one member who is knowledgeable in geological matters.(3)(3)(a) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.(3)(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.(3)(c) A member shall hold office until the expiration of the member’s term and until the member’s successor is appointed, but not more than 90 days after the expiration of the member’s term.(4)(4)(a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor with the advice and consent of the Senate.(4)(b) The person appointed shall have the same qualifications as the person’s predecessor.(5) When the governor makes a new appointment or reappointment under Subsection (3)(a), or a vacancy appointment under Subsection (4)(a), the governor’s new appointment, reappointment, or vacancy appointment shall be made with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.(6)(6)(a) The board shall appoint its chair from the membership.(6)(b) Four members of the board shall constitute a quorum for the transaction of business and the holding of hearings.(7) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:(7)(a) Section63A-3-106 ;(7)(b) Section63A-3-107 ; and(7)(c) rules made by the Division of Finance pursuant to Sections63A-3-106 and63A-3-107 .(8) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.