2015 Utah Code
Title 51 - Public Funds and Accounts
Chapter 10 - Navajo Trust Fund Act
Part 2 - Administration of Navajo Trust Fund
Section 205 - Expenditures from the fund.

Effective 7/1/2015
51-10-205. Expenditures from the fund.

• (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).
  • (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)
  • (a) Before making any expenditures from the fund to a service provider, the trust administrator shall:
    • (i) comply with Title 63G, Chapter 6a, Utah Procurement Code; and
    • (ii) review and approve the service provider's entire budget.
  • (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:
  • (a) preparing a written document that:
    • (i) defines specifically how the expenditure from the fund may be used;
    • (ii) establishes any conditions precedent to use of the expenditure; and
    • (iii) requires the recipient of fund money to provide the trust administrator with progress reports detailing how the money has been expended; and
  • (b) obtaining the signature of the recipient on that document before releasing any money from the fund.

• (4) The trust administrator shall:
  • (a) make rules in accordance with Subsection (6) that:
    • (i) establish policies and criteria for expenditure of fund money; and
    • (ii) establish performance evaluation criteria with which to evaluate the success of expenditures from the fund after they are made;
  • (b) develop procedures, forms, and standards for persons seeking distribution of fund money that implement the policies and criteria established by rule;
  • (c) evaluate the requests for expenditures of fund money against:
    • (i) the policies and criteria established by rule; and
    • (ii) the requestor's success in meeting performance evaluation criteria and goals in any prior receipt of fund money;
  • (d) develop performance goals for each fund expenditure that implement the performance evaluation criteria established in rule; and
  • (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):
  • (a) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
  • (b) with the input and recommendation of the Diné Advisory Committee; and
  • (c) with the approval of the board.

Enacted by Chapter 319, 2015 General Session