Utah Code 51-10-205. Expenditures from the fund
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Terms Used In Utah Code 51-10-205
- Administrative expenditure: means :(1)(a) an expenditure for professional services;(1)(b) per diem and travel expenses for the board and the Diné Advisory Committee; and(1)(c) expense reimbursements, salaries, and benefits for the trust administrator and the trust administrator's staff. See Utah Code 51-10-102
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Board: means the board of trustees created in Section 51-10-202. See Utah Code 51-10-102
- Fund: means the Navajo Trust Fund created in Section 51-10-201. See Utah Code 51-10-102
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Service provider: means any of the following that provides a good or service to Navajos:
(11)(a) a business enterprise;(11)(b) a private nonprofit organization; or(11)(c) a government entity. See Utah Code 51-10-102- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Trust administrator: means the trust administrator selected as provided in Subsection 51-10-202(2). See Utah Code 51-10-102
(1)(a) Under the direction of the board, the trust administrator may make expenditures from the fund in accordance with Subsection 51-10-204(2)(e).(1)(b) The board may enter into a cost sharing agreement with one or more governmental entities if the cost sharing agreement is recommended by at least four of the Utah Navajo Chapters.(2)(2)(a) Before making any expenditures from the fund to a service provider, the trust administrator shall:(2)(a)(i) comply with Title 63G, Chapter 6a, Utah Procurement Code; and(2)(a)(ii) review and approve the service provider’s entire budget.(2)(b) The trust administrator may require that a service provider modify its budget or meet other conditions precedent established by the trust administrator before the service provider may receive expenditures from the fund.(3) The trust administrator shall make an expenditure from the fund that is not an administrative expenditure by:(3)(a) preparing a written document that:(3)(a)(i) defines specifically how the expenditure from the fund may be used;(3)(a)(ii) establishes any conditions precedent to use of the expenditure; and(3)(a)(iii) requires the recipient of fund money to provide the trust administrator with progress reports detailing how the money has been expended; and(3)(b) obtaining the signature of the recipient on that document before releasing any money from the fund.(4) The trust administrator shall:(4)(a) make rules in accordance with Subsection (6) that:(4)(a)(i) establish policies and criteria for expenditure of fund money; and(4)(a)(ii) establish performance evaluation criteria with which to evaluate the success of expenditures from the fund after they are made;(4)(b) develop procedures, forms, and standards for persons seeking distribution of fund money that implement the policies and criteria established by rule;(4)(c) evaluate the requests for expenditures of fund money against:(4)(c)(i) the policies and criteria established by rule; and(4)(c)(ii) the requestor’s success in meeting performance evaluation criteria and goals in any prior receipt of fund money;(4)(d) develop performance goals for each fund expenditure that implement the performance evaluation criteria established in rule; and(4)(e) monitor and evaluate each fund expenditure based upon the performance goals and performance evaluation criteria created under this Subsection (4).(5) The trust administrator may expend fund money for per diem and expenses incurred by the Diné Advisory Committee in performance of official duties.(6) The trust administrator shall make a rule described in Subsection (4)(a):(6)(a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;(6)(b) with the input and recommendation of the Diné Advisory Committee; and(6)(c) with the approval of the board.