65A-17-302. Minerals or elements extracted from the Great Salt Lake subject to royalty rate.

419 words·~2 min read·/ut/title-65a/chapter-17/65a-17-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

(1)An operator who removes or extracts a mineral or element from the Great Salt Lake and does not return the mineral or element to the Great Salt Lake shall compensate the division for the value of the mineral or element at the royalty rate established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if a royalty rate has been established, except that this Subsection

(1)only applies to the extent that the mineral or element:

(a)has been nominated under Subsection 65A-6-4 (7)(a) or for which the division has established a royalty rate in rule; and

(b)can be extracted in paying quantities through a commercially viable technology after a reasonable period determined by the division, that is at least five years but does not exceed seven years, from the day on which the division determines that the technology is a commercially viable technology.

(a)The division shall require an operator that removes or extracts a mineral or element from the Great Salt Lake to annually certify to the division by no later than May 1 whether the operator is in compliance with Subsection (1). The certification by the operator shall:

(i)state the operator's name;

(ii)list the amount of each mineral or element that the operator has removed or extracted from the Great Salt Lake in the previous calendar year; and

(iii)include other information as determined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(b)The operator shall submit the certificate on a form provided by the division.

(a)If the division finds that an operator has violated Subsection (1), the division shall issue the operator an order that:

(i)finds that the operator is in violation of Subsection (1);

(ii)states the mineral or element for which the operator has failed to pay the royalty rate;

(iii)states the amount of the mineral or element that was removed or extracted but for which the operator failed to pay the royalty rate; and

(iv)orders the payment of the applicable royalty.

(b)The operator may seek review of an order issued under this Subsection

(3)in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

(4)The division may take an enforcement action against an operator in violation of this section.

Enacted by Chapter 25 , 2024 General Session