79-10-301. Critical Minerals Council created.

685 words·~3 min read·/ut/title-79/chapter-10/79-10-301

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

Effective 5/6/2026

(1)There is created within the Department of Natural Resources a mixed purpose board known as the "Critical Minerals Council."

(2)The council consists of the following 11 members:

(a)the director of the Office of Energy Development, or the director's designee;

(b)the director of the Division of Oil, Gas, and Mining, or the director's designee;

(c)one of the following appointed by the governor:

(i)the executive director of the Governor's Office of Economic Development; or

(ii)the executive director of the Nucleus Institute, created in Section 53H-16-202 ;

(d)a member of the House of Representatives, appointed by the speaker of the House of Representatives;

(e)a member of the Senate, appointed by the president of the Senate;

(f)the president of the University of Utah, or the president's designee;

(g)the president of an association representing Utah's mining industry, including hardrock operators, industrial mineral operators, coal operators, mineral processing operations, and mining services companies, appointed by the governor;

(h)a representative from an organization designed to create jobs in Utah by expanding international sales, attracting foreign investment, and facilitating international partnerships, appointed by the governor;

(i)a representative from a state land use authority, as defined in Section 79-10-401 , appointed by the governor; and

(j)two at-large members who represent a relevant industry, represent a state research center, or have expertise in environmental regulation, appointed by the members of the council described in Subsections (2)(a) through

(i).

(i)The director of the Office of Energy Development, or the director's designee, is the co-chair of the council.

(ii)The president of the Senate and the speaker of the House of Representatives shall jointly appoint a co-chair of the council from members of the council.

(b)The vice-chairs of the council are:

(i)the director of the Division of Oil, Gas, and Mining, or the director's designee; and

(ii)the individual appointed under Subsection (2)(c) .

(a)The majority of the members constitutes a quorum of the council.

(b)The majority vote of the members present when a quorum is present constitutes action of the council.

(5)The council shall meet:

(a)at the time and place designated by the chairs; and

(b)no less than once every month or as frequently as the council determines.

(a)A member appointed under Subsections (2)(g) through

(j)shall serve a term of four years.

(b)The appointing authority may appoint an individual to a position under Subsections (2)(g) through

(j)to more than one term.

(c)Notwithstanding Subsection (6)(a) , the council shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of the members appointed under Subsections (2)(g) through

(j)are staggered so that approximately half of the members appointed under Subsections (2)(g) through

(j)are appointed every two years.

(a)A vacancy that occurs on the council for any reason shall be filled in the same manner as the original appointment.

(b)If an at-large representative vacates the position, the council shall appoint a new member for the unexpired term of the vacated member.

(8)A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:

(a)Section 63A-3-106 ;

(b)Section 63A-3-107 ; and

(c)rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107 .

(a)A council member who has, will have, or later acquires an interest, direct or indirect, in a transaction with the council shall immediately disclose the nature and extent of that interest in writing to the council as soon as the council member has knowledge of the actual or prospective interest.

(b)The council shall enter a disclosure described in this Subsection

(9)upon the minutes of the council.

(c)Upon disclosure, that council member may participate in an action by the council authorizing the transaction.

(10)The Department of Natural Resources shall provide staff support to the council.

Enacted by Chapter 493 , 2026 General Session