Section 36-1-116 - Disposition of rentals, royalties, and timber sale proceeds(1)(a)(I) Except for proceeds and payments allocated to the state land board trust administration fund pursuant to section 36-1-145 (3) or credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), C.R.S., pursuant to section 22-43.7-104 (2)(b)(I), C.R.S., and except as provided in subparagraph (II) of this paragraph (a), proceeds received by the state for the sale of timber on public school lands, lease payments and rental payments for said lands, rental payments for the use and occupation of the surface of said lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on said lands shall be credited to the public school income fund for distribution as provided by law.(II)(A) Except as provided in subsections (1)(a)(II)(B) and (1)(a)(II)(C) of this section, for the 2010-11 state fiscal year and each state fiscal year thereafter, the proceeds received by the state for the sale of timber on public school lands, lease payments and rental payments for said lands, rental payments for the use and occupation of the surface of said lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on said lands other than proceeds, rentals, and payments allocated to the state land board trust administration fund pursuant to section 36-1-145 (3) or credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), pursuant to section 22-43.7-104 (2)(b)(I), shall be credited to the permanent school fund and shall become part of the principal of the permanent school fund.(B) For the 2012-13 state fiscal year, all proceeds received by the state for the sale of timber on public school lands, lease payments and rental payments for said lands, rental payments for the use and occupation of the surface of said lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on said lands other than proceeds, rentals, and payments allocated to the state land board trust administration fund pursuant to section 36-1-145 (3) or credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), C.R.S., pursuant to section 22-43.7-104 (2)(b)(I), C.R.S., shall be transferred to the state public school fund created in section 22-54-114, C.R.S.(C) For the 2020-21 state fiscal year, all proceeds received by the state for the sale of timber on public school lands, lease payments and rental payments for said lands, rental payments for the use and occupation of the surface of said lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on said lands other than proceeds, rentals, and payments allocated to the state land board trust administration fund pursuant to section 36-1-145 (3) or credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), pursuant to section 22-43.7-104 (2)(b)(I), shall be transferred to the state public school fund created in section 22-54-114.(b)(I) Except for royalties and other payments allocated to the state land board trust administration fund pursuant to section 36-1-145 (3) or credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), C.R.S., pursuant to section 22-43.7-104 (2)(b)(I), C.R.S., except as provided in subparagraph (II) of this paragraph (b), and except as provided in paragraph (c) of this subsection (1), royalties and other payments for the depletion or extraction of a natural resource on said lands shall be credited to the permanent school fund.(II)(B) For the 2009-10 state fiscal year, up to three million dollars of royalties and other payments for the depletion or extraction of a natural resource on said lands, other than royalties and other payments allocated to the state land board trust administration fund pursuant to section 36-1-145 (3) or credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), C.R.S., pursuant to section 22-43.7-104 (2)(b)(I), C.R.S., shall be credited to the state board of land commissioners investment and development fund created in section 36-1-153.(C) For the 2010-11 state fiscal year, up to four million dollars of royalties and other payments for the depletion or extraction of a natural resource on said lands, other than royalties and other payments allocated to the state land board trust administration fund pursuant to section 36-1-145 (3) or credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), C.R.S., pursuant to section 22-43.7-104 (2)(b)(I), C.R.S., shall be credited to the state board of land commissioners investment and development fund created in section 36-1-153.(D) For the 2011-12 state fiscal year and each state fiscal year thereafter, up to five million dollars of royalties and other payments for the depletion or extraction of a natural resource on said lands, other than royalties and other payments allocated to the state land board trust administration fund pursuant to section 36-1-145 (3) or credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), C.R.S., pursuant to section 22-43.7-104 (2)(b)(I), C.R.S., shall be credited to the state board of land commissioners investment and development fund created in section 36-1-153.(E) Subject to the limits specified in sub-subparagraphs (B), (C), and (D) of this subparagraph (II), the state board of land commissioners shall determine the exact amount of royalties and other payments for the depletion or extraction of a natural resource on public school lands that is to be credited to the state board of land commissioners investment and development fund pursuant to this subparagraph (II).(F) For the 2022-23 state fiscal year, in addition to the money credited to the public school capital construction assistance fund created in section 22-43.7-104 (1) pursuant to section 22-43.7-104 (2)(b)(I), ten million dollars of royalties and other payments for the depletion or extraction of a natural resource on the lands shall be credited to the public school capital construction assistance fund.(c)(I) For the 2011-12 state fiscal year, the first twenty-one million dollars of royalties and other payments for the depletion or extraction of a natural resource on public school lands in excess of the moneys credited to the state land board trust administration fund pursuant to section 36-1-145 (3), credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), C.R.S., pursuant to section 22-43.7-104 (2)(b)(I), C.R.S., and credited as specified in subparagraph (II) of paragraph (b) of this subsection (1) shall be transferred to the state public school fund created in section 22-54-114, C.R.S. Any amount of royalties and other payments for the depletion or extraction of a natural resource on public school lands in excess of the amounts described in this subparagraph (I) shall be credited to the permanent school fund and shall become part of the principal of the permanent school fund.(II) For the 2012-13 state fiscal year, the first twenty-seven million dollars of royalties and other payments for the depletion or extraction of a natural resource on public school lands in excess of the moneys credited to the state land board trust administration fund pursuant to section 36-1-145 (3), credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), C.R.S., pursuant to section 22-43.7-104 (2)(b)(I), C.R.S., and credited as specified in subparagraph (II) of paragraph (b) of this subsection (1) shall be transferred to the state public school fund created in section 22-54-114, C.R.S. Any amount of royalties and other payments for the depletion or extraction of a natural resource on public school lands in excess of the amounts described in this subparagraph (II) shall be credited to the permanent school fund and shall become part of the principal of the permanent school fund.(III) For the 2020-21 state fiscal year, royalties and other payments for the depletion or extraction of a natural resource on public school lands not allocated to the state land board trust administration fund pursuant to section 36-1-145 (3), not credited to the public school capital construction assistance fund created in section 22-43.7-104 (1), pursuant to section 22-43.7-104 (2)(b)(I), and not credited as specified in subsection (1)(b)(II) of this section shall be transferred to the state public school fund created in section 22-54-114.(2)(a) Proceeds received by the state for the sale of timber on lands belonging to any of the state trust funds other than on public school lands, lease payments and rental payments for said lands, rental payments for the use and occupation of the surface of said lands, and rentals or lease payments for sand, gravel, clay, stone, coal, oil, gas, geothermal resources, gold, silver, or other minerals on said lands shall be credited to the proper trust income fund.(b) Royalties and other payments for the depletion or extraction of a natural resource on said lands shall be credited to the proper permanent trust fund.(3) This section is subject to the provisions of section 36-1-145.Amended by 2023 Ch. 183,§ 5, eff. 5/12/2023.Amended by 2020 Ch. 197, §49, eff. 6/30/2020.Amended by 2013 Ch. 376, §2, eff. 6/5/2013.Amended by 2013 Ch. 69, §2, eff. 3/22/2013.L. 17: p. 414, § 1. C.L. § 1161. CSA: C. 134, § 60. CRS 53: § 112-3-16. C.R.S. 1963: § 112-3-16. L. 71: p. 1095, § 1. L. 74: (1)(a) and (2)(a) amended, p. 314, § 4, effective May 17. L. 2000: (1) amended, p. 1869, § 97, effective August 2. L. 2005: (1) amended, p. 536, § 1, effective May 24. L. 2008: (1) amended, p. 1067, § 13, effective July 1. L. 2009: (1)(a)(II) and (1)(b)(I) amended and (1)(c) added, (SB 09-260), ch. 200, pp. 900, 901, §§ 2, 3, effective May 1; (1)(b)(II) amended, (SB 09-022), ch. 1109, p. 1109, § 1, effective May 14; (1)(a)(II) amended, (SB 09-257), ch. 2368, p. 2368, § 7, effective June 4. L. 2010: (1)(a)(II)(B) and (1)(c) amended, (SB 10-150), ch. 108, pp. 362, 363, §§ 2, 3, effective April 15; (1)(a)(II)(A) amended, (HB 10-1369), ch. 1101, p. 1101, § 10, effective May 21. L. 2011: (1)(a)(II)(B) and (1)(c) amended, (SB 11-230), ch. 1468, p. 1468, §§ 9, 10, effective June 9. L. 2012: (1)(a)(II)(B) and (1)(c) amended, (SB 12-145), ch. 806, p. 806, § 2, effective May 24. L. 2013: (1)(c)(II) amended, (SB 13 -112), ch. 224, p. 224, §2, effective March 22; (1)(a) and (2)(a) amended, (HB 13-1274), ch. 2209, p. 2209, § 2, effective June 5. L. 2020: (1)(a)(II)(A) amended and (1)(a)(II)(C) and (1)(c)(III) added, (HB 20-1418), ch. 959, p. 959, § 49, effective June 30.(1) Amendments to subsection (1)(a)(II) by Senate Bill 09-260 and Senate Bill 09-257 were harmonized.
(2) Subsection (1)(b)(II)(A) provided for the repeal of subsection (1)(b)(II)(A), effective July 1, 2009. (See L. 2009, p. 1109.)
(1) For the public school income fund, as credited to the state public school fund, see §22-54-114 ; for the public school fund, see §§3 and 5 of art. IX, Colo. Const., and article 41 of title 22 ; for the permanent school fund, see § 14 of the Enabling Act of the Colo. Const. (2) For the legislative declaration in the 2011 act amending subsections (1)(a)(II)(B) and (1)(c), see section 1 of chapter 305, Session Laws of Colorado 2011. For the legislative declaration in HB 20-1418, see section 1 of chapter 197, Session Laws of Colorado 2020.