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2006 Utah Code - 63-88-101 — Definitions.

     63-88-101.   Definitions.
     As used in this chapter:
     (1) "Administrative expenditures" means:
     (a) expenditures for professional services;
     (b) expense reimbursement for the Dineh Committee; and
     (c) expense reimbursement, salaries, and benefits for the trust administrator and the trust administrator's staff.
     (2) "Assessment" means taking one of the following actions to assess the health, education, and general welfare needs of Navajos:
     (a) a survey of Navajos that includes:
     (i) a random sample large enough to secure an accurate representation of their needs; and
     (ii) a response rate large enough to provide an accurate representation of those needs;
     (b) at least three public hearings held to survey and solicit Navajo needs that are advertised for two weeks before the hearing by:
     (i) announcements by the:
     (A) Utah Navajo Chapters, if allowed by the chapter; and
     (B) Blue Mountain Dine';
     (ii) notice posted in the chapter buildings and other public locations, if allowed by the chapter;
     (iii) notice of the meeting announced on the radio or television; and
     (iv) notice of the meeting published at least once per week for two consecutive weeks in any newspapers of general circulation within the Navajo community; or
     (c) a physical inventory:
     (i) conducted by the Office of Trust Administrator;
     (ii) coordinated with:
     (A) each Utah Navajo Chapter;
     (B) the Blue Mountain Dine'; and
     (C) other sources; and
     (iii) conducted to determine needs including:
     (A) the number and capacity of public facilities;
     (B) the extent of graveled and paved:
     (I) roads; or
     (II) air strips;
     (C) the inventory of water resources;
     (D) the extent of residential electrical power distribution; and
     (E) the number and condition of housing units.
     (3) "Assessment analysis results" means the analysis:
     (a) of the results of the assessment required by Section 63-88-105; and
     (b) that is developed by the Dineh Committee and the trust administrator in accordance with Section 63-88-105.
     (4) "Blue Mountain Dine'" means the off-reservation Navajo community organization known as the Blue Mountain Dine'.
     (5) "Board of trustees" or "board" means the board of trustees created in Section 63-88-103.
     (6) "Business enterprise" means a sole proprietorship, partnership, corporation, or other

private entity organized to provide goods or services for a profit.
     (7) "Capital" means an investment by the owner of a business enterprise:
     (a) in:
     (i) cash;
     (ii) equipment;
     (iii) land; or
     (iv) other assets similar to that described in Subsections (7)(a)(i) through (iii); and
     (b) that is pledged to be used in the operation of the business enterprise.
     (8) "Dineh Committee" means the Dineh Committee created in Section 63-88-107.
     (9) "Income" means all revenues from investments made by the state treasurer of the trust fund principal.
     (10) "Navajos" means San Juan County, Utah Navajos.
     (11) "Office of Trust Administrator" means the office created in Section 63-88-104.
     (12) "Principal" means:
     (a) the balance of the trust fund as of February 26, 1992; and
     (b) all revenue to the trust fund from whatever source except income as defined in Subsection (9).
     (13) "Service provider" means any of the following that provides goods or services to Navajos:
     (a) a business enterprise;
     (b) a private nonprofit organization; or
     (c) a government entity.
     (14) "Trust administrator" means the professional trust administrator appointed as provided in this chapter.
     (15) "Trust fund" or "fund" means the Navajo Trust Fund created by Section 63-88-102.
     (16) "Utah Navajo Chapter" means the following chapters of the Navajo Nation:
     (a) Aneth Chapter;
     (b) Mexican Water Chapter;
     (c) Navajo Mountain Chapter;
     (d) Oljato Chapter;
     (e) Dennehotso Chapter;
     (f) Red Mesa Chapter; and
     (g) Teec Nos Pos Chapter.

Amended by Chapter 281, 2000 General Session

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