2006 Utah Code - 63-88-105 — Trust administrator -- Duties.

     63-88-105.   Trust administrator -- Duties.
     (1) Under the direction of the board, the trust administrator shall:
     (a) review the documents and decisions highlighting the history of the trust fund, including:
     (i) the Nelson report, prepared as part of the Bigman v. Utah Navajo Development Council Inc. C77-0031;
     (ii) the November 1991 performance audit of the Utah Navajo Trust Fund by the legislative auditor general;
     (iii) Sakezzie v. Utah Indian Affairs Commission, 198 F. Supp. 218 (1961);
     (iv) Sakezzie v. Utah Indian Affairs Commission, 215 F. Supp. 12 (1963); and
     (v) the September 8, 1977, consent decree, the stipulation dated November 29, 1984, modifying the consent decree, and the court's memorandum opinion dated September 25, 1978, in Bigman v. Utah Navajo Development Council, Inc., C77-0031;
     (b) review all potential sources of trust fund revenues;
     (c) prepare annual projections of monies that will be available for Navajo programs;
     (d) identify all property owned by the trust fund;
     (e) establish and maintain a record system to retain records relating to the trust fund's property;
     (f) review all existing and proposed programs financed by the trust fund;
     (g) evaluate whether or not the programs described in Subsection (1)(f) are the most practical and cost-efficient means to provide the desired benefit to Navajos;
     (h) consult regularly with the administrators of all programs financed by the trust fund to obtain progress reports on all programs;
     (i) attend all meetings of:
     (i) the Dineh Committee; and
     (ii) the board of trustees;
     (j) establish written policies identifying expenses payable from the fund for Dineh Committee members;
     (k) certify that all expenditures from the trust fund:
     (i) comply with the state's fiduciary responsibilities as trustee of the fund; and
     (ii) are consistent with this section;
     (l) make an annual report:
     (i) to the:
     (A) board;
     (B) the governor; and
     (C) the Native American Legislative Liaison Committee, created in Section 36-22-1; and
     (ii) that:
     (A) identifies the source and amount of all revenue received by the fund;
     (B) identifies the recipient, purpose, and amount of all expenditures from the fund;
     (C) identifies specifically each of the fund's investments and the actual return and the rate of return from each investment; and
     (D) recommends any necessary statutory changes to:
     (I) improve administration of the fund; or
     (II) protect the state from liability as trustee;
     (m) establish, in conjunction with the state treasurer, the state auditor, and the Division of

Finance, appropriate accounting practices for all trust fund receipts, expenditures, and investments according to generally accepted accounting principles;
     (n) provide summary records of trust fund receipts, expenditures, and investments to the board and to the Dineh Committee at each of their meetings;
     (o) pay administrative expenses from the fund;
     (p) report monthly to the board about:
     (i) the trust administrator's activities; and
     (ii) the status of the trust fund; and
     (q) call additional meetings of the Dineh Committee when necessary.
     (2) In conjunction with the Dineh Committee and under the direction of the board, the trust administrator shall:
     (a) subject to Subsection (4), conduct an assessment at least every two years of the needs of Navajos;
     (b) before the beginning of each fiscal year, based on the assessment required by Subsection (2)(a), develop assessment analysis results that allow the establishment of a list of the needs of Navajos for that year to be used for the annual budget;
     (c) before the beginning of each fiscal year, develop and approve an annual budget for the trust fund;
     (d) develop an ethics and conflict of interest policy that emphasizes the need to avoid even the appearance of conflict of interest or impropriety that is to apply to:
     (i) the trust administrator;
     (ii) the trust administrator's employees; and
     (iii) the Dineh Committee;
     (e) require the trust administrator, each of the trust administrator's employees, and each Dineh Committee member to sign and keep on file written documentation that acknowledges:
     (i) their receipt of the ethics and conflict of interest policy described in Subsection (2)(d); and
     (ii) their willingness to abide by the provisions of the ethics and conflict of interest policy described in Subsection (2)(d); and
     (f) make expenditures from the fund "for the health, education, and general welfare of the Navajo Indians, residing in San Juan County" as required by:
     (i) P.L. 72-403, 47 Stat. 1418 (1933);
     (ii) P.L. 90-306, 82 Stat. 121 (1968); and
     (iii) this chapter.
     (3) The trust administrator, under direction of the board, may:
     (a) contract with public and private entities; and
     (b) unless prohibited by law or the requirements of this chapter, acquire and hold monies and other property received in the administration of the trust fund.
     (4) (a) Notwithstanding Subsection 63-88-101(2), the trust administrator shall ensure that at least every six years the assessment includes:
     (i) a survey as described in Subsection 63-88-101(2)(a); or
     (ii) public hearings as described in Subsection 63-88-101(2)(b).
     (b) Subsection (2)(a) does not prohibit the trust administrator from conducting a physical inventory as defined in Subsection 63-88-101(2)(c) during the same year a survey or public hearing is required.

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Amended by Chapter 281, 2000 General Session