2006 Utah Code - 63-88-107 — Utah Dineh Committee.

     63-88-107.   Utah Dineh Committee.
     (1) There is created the Dineh Committee.
     (2) (a) The governor, with the consent of the Senate, shall appoint nine members to the committee.
     (b) In making an appointment under Subsection (2)(a), the governor shall ensure that:
     (i) each member of the committee is an individual:
     (A) who is an enrolled member of the Navajo Nation; and
     (B) whose name and tribal number are contained in the trust fund's population database; and
     (ii) the committee includes:
     (A) two registered members of the Aneth Chapter of the Navajo Nation who reside in San Juan County, Utah;
     (B) one registered member of the Blue Mountain Dine' who resides in San Juan County, Utah;
     (C) one registered member of the Mexican Water Chapter of the Navajo Nation who resides in San Juan County, Utah;
     (D) one registered member of the Navajo Mountain Chapter of the Navajo Nation who resides in San Juan County, Utah;
     (E) subject to Subsection (11), two members who reside in San Juan County, Utah:
     (I) one of which shall be a registered member of the Oljato Chapter of the Navajo Nation; and
     (II) one of which shall be a registered member of either the Oljato Chapter or the Dennehotso Chapter of the Navajo Nation;
     (F) one registered member of the Red Mesa Chapter of the Navajo Nation who resides in San Juan County, Utah; and
     (G) one registered member of the Teec Nos Pos Chapter of the Navajo Nation who resides in San Juan County, Utah.
     (3) (a) (i) Each of the Utah Navajo Chapters, except the Aneth, Oljato, and Dennehotso chapters, shall submit to the governor the names of three nominees to the Dineh Committee chosen by the chapter.
     (ii) The governor shall select one of the three persons submitted under Subsection (3)(a)(i) as that chapter's representative on the Dineh Committee.
     (b) (i) The Blue Mountain Dine' shall submit to the governor the names of three nominees to the Dineh Committee.
     (ii) The governor shall select one of the three persons submitted under Subsection (3)(b)(i) as the Blue Mountain Dine' representative on the Dineh Committee.
     (c) (i) The Aneth Chapter shall submit to the governor the names of six nominees to the Dineh Committee chosen by the chapter.
     (ii) The governor shall select two of the six persons submitted under Subsection (3)(c)(i) to be the Aneth Chapter's representatives on the Dineh Committee.
     (d) (i) The Oljato Chapter shall submit to the governor the names of six nominees to the Dineh Committee chosen by the chapter.
     (ii) One of the six names submitted under Subsection (3)(d)(i) may be a registered member of the Dennehotso Chapter.
     (iii) The governor shall select two of the six persons submitted under Subsection (3)(d)(i)

to be the representatives on the Dineh Committee of the Oljato and Dennehotso chapters.
     (4) The governor may not appoint any person who is currently, or who, within the last 12 months, has been an officer, director, employee, or contractor of any business enterprise or service provider that solicits, accepts, or receives a benefit from an expenditure of:
     (a) the Division of Indian Affairs; or
     (b) the trust fund established in this chapter.
     (5) (a) Except as provided in Subsection (5)(b) and other than the amount authorized by this section for Dineh Committee member expenses, a person appointed to the Dineh Committee may not solicit, accept, or receive any benefit from an expenditure of:
     (i) the Division of Indian Affairs;
     (ii) the trust fund; or
     (iii) the Division of Indian Affairs or trust fund as an officer, director, employee, or contractor of any business enterprise or service provider that solicits, accepts, or receives a benefit from the expenditure of:
     (A) the Division of Indian Affairs; or
     (B) the trust fund.
     (b) A member of the Dineh Committee may receive a benefit from an expenditure of the trust fund if:
     (i) when the benefit is discussed by the Dineh Committee:
     (A) the member discloses that the member may receive the benefit;
     (B) the member physically leaves the room in which the Dineh Committee is discussing the benefit; and
     (C) the Dineh Committee approves the member receiving the benefit by a unanimous vote of members present at the meeting discussing the benefit;
     (ii) a Utah Navajo Chapter requests that the benefit be received by the member;
     (iii) the member is in compliance with the ethics and conflict of interest policy required under Subsection 63-88-105(2)(d);
     (iv) (A) the expenditure from the trust fund is made in accordance with this chapter; and
     (B) the benefit is no greater than the benefit available to members of the Navajo Nation whose name and tribal number are contained in the trust fund's population database; and
     (v) the member is not receiving the benefit as an officer, director, employee, or contractor of any business enterprise or service provider.
     (c) A business enterprise or service provider that has a member as an officer, director, employee, or contractor may not receive a benefit under Subsection (5)(b).
     (6) (a) (i) Except as required by Subsection (6)(a)(ii), as terms of current committee members expire, the governor shall appoint each new member or reappointed member to a four-year term.
     (ii) Notwithstanding the requirements of Subsection (6)(a)(i), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.
     (b) Except as provided in Subsection (6)(c), committee members shall serve until their successors are appointed and qualified.
     (c) (i) If a committee member is absent from three consecutive committee meetings, or if the committee member has violated the ethical or conflict of interest policies established by

statute or by the committee:
     (A) that member's appointment is terminated;
     (B) the position is vacant; and
     (C) the governor shall appoint a replacement.
     (ii) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term according to the procedures of this section.
     (7) (a) The committee shall select a chair and a vice chair from its membership each two years subsequent to the appointment of new members.
     (b) Five members of the committee are a quorum for the transaction of business.
     (c) The committee shall:
     (i) comply with the procedures and requirements of Title 52, Chapter 4, Open and Public Meetings Act;
     (ii) ensure that all of its meetings are held at or near:
     (A) a chapter house or meeting hall of a Utah Navajo Chapter; or
     (B) other places in Utah that the committee considers practical and appropriate; and
     (iii) ensure that all of its meetings are public hearings at which any resident of San Juan County may appear and speak.
     (8) (a) A member shall receive no compensation or benefits for the member's services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 from the trust fund.
     (b) A member may decline to receive per diem and expenses for their service.
     (9) The Office of Trust Administrator is staff to the committee.
     (10) The committee shall advise the trust administrator about the expenditure of trust fund monies.
     (11) If both members appointed under Subsection (2)(b)(ii)(E) are registered members of the Oljato Chapter, the two members shall attend Dennehotso Chapter meetings as practicable.

Amended by Chapter 296, 2006 General Session
Amended by Chapter 14, 2006 General Session