2006 Utah Code - 9-11-107 — Revitalization fund administered by board -- Eligibility for assistance -- Review by board -- Restrictions on loans and grants -- Governor\'s approval prerequisite -- Division to distribute monies.

     9-11-107.   Revitalization fund administered by board -- Eligibility for assistance -- Review by board -- Restrictions on loans and grants -- Governor's approval prerequisite -- Division to distribute monies.
     (1) (a) If an eligible entity wishes to receive a loan or grant from the board, the eligible entity shall apply to the board. The application shall contain the information required by the board.
     (b) The board shall review each application for a loan or grant before approving the loan or grant.
     (c) The board may approve loan or grant applications subject to the applicant's compliance with certain conditions established by the board.
     (2) In determining whether an eligible entity may receive a loan or grant, the board shall give priority to:
     (a) capital projects and infrastructure, including electrical power, water, and other one time need projects;
     (b) housing projects that consist of:
     (i) the purchase of new housing;
     (ii) the construction of new housing; or
     (iii) a significant remodeling of existing housing; or
     (c) matching educational endowments that:
     (i) promote economic development within the Utah portion of the Navajo Reservation;
     (ii) promote the preservation of Navajo culture, history, and language; or
     (iii) support postsecondary educational opportunities for Navajo students enrolled in courses or programs taught within the Utah portion of the Navajo Reservation.
     (3) A loan or grant issued under this chapter may not fund:
     (a) start-up or operational costs of private business ventures;
     (b) general operating budgets of the eligible entities; or
     (c) a project or program that will operate or be located outside of the Navajo Reservation in San Juan County, Utah, except for educational endowments approved by the board under Subsection (2)(c).
     (4) (a) The board may not approve a loan unless the loan:
     (i) specifies the terms for repayment; and
     (ii) is secured by proceeds from a general obligation, special assessment, or revenue bond, note, or other obligation.
     (b) Any loan repayment or interest on a loan issued under this chapter shall be deposited into the fund.
     (5) The board may not approve a loan or grant unless the loan or grant provides for matching monies or in-kind services from:
     (a) the Navajo Nation;
     (b) the Navajo Trust Fund;
     (c) San Juan County;
     (d) the state;
     (e) the federal government;
     (f) a Utah Navajo Chapter, as defined in Section 63-88-101; or
     (g) other private or public organization.
     (6) (a) During any fiscal year, the board may not approve a loan or grant unless the

governor notifies the division in writing that loans and grants may be approved during that fiscal year.
     (b) The governor shall provide the notice required by Subsection (6)(a) if the governor finds that there is progress in resolving issues between:
     (i) the state, including its political subdivisions; and
     (ii) (A) the Navajo Nation; or
     (B) the members of the Navajo Nation living in Utah.
     (7) The division shall distribute loan and grant monies:
     (a) if the loan or grant is approved by the board;
     (b) in accordance with the instructions of the board, except that the board may not instruct that monies be distributed in a manner:
     (i) inconsistent with this chapter; or
     (ii) in violation of rules and procedures of the department; and
     (c) in the case of a loan, in accordance with Section 63A-3-205.

Amended by Chapter 150, 2001 General Session