WILDLIFE AND NATURAL RESOURCE FUNDING ACT

05LSO-0216.W5

RECOMMENDATIONS & COMMENTS

Prepared by Jim Magagna

For

Wyoming Stock Growers Association

Petroleum Association of Wyoming

Wyoming Wool Growers Association

Rocky Mountain Farmers Union

Wyoming Association of Conservation Districts

Sportsmen For Fish & Wildlife, Wyoming

NOTE:  The organizations involved in preparation of these recommendations have not, at this time, endorsed legislation creating a natural resource trust.  Our efforts are directed at assisting in the development of a draft bill that we believe will best serve the needs of our state and that we can recommend to our memberships for consideration.

1.                  Short Title

            “Wildlife and Natural Resource Funding Act”

            Rationale:  The title should reflect the broader purposes of the act as stated in Section 2.

2.            Definitions

            We recommend maintaining the definitions contained in the W4 version.

3.         We support the Governor’s additional language on page 4, lines 1-6.

4.         We oppose the Governor’s recommendation on page 4, lines 18-21 that would authorize the legislature to appropriate funds directly to the current account for distribution.

Rationale:  The integrity of this program as being based on earnings from a permanent fund should be maintained.  Legislative authorizations for current expenditures should continue to be made through the normal budget process direct to the appropriate agency.  Funds will accrue to the income account by the end of the first fiscal year.  This initial year is necessary--time for appointment of the Board, retention of staff and adoption of rules and regulations.

5.         We support the purposes for which revenues can be used as contained on the W4 version.

            If the alternative language presented by the Governor (page 5, Lines 10-20) is to be adopted, we urge two changes thereto: 1) That any acquisition of habitat requires prior legislative approval; 2) that “Participation in water storage projects for wildlife and instream flow purposes.”  Be broadened to state, “Participation in water storage projects that benefit wildlife or fisheries.”

6.         We consider the language contained in the W 4 version (as now stated on page 5, line39 through page 6, line 2) prohibiting acquisition of real property by any governmental entity as essential to our consideration of support for the bill.  This does not preclude exchanges of private land for state lands so long as they do not involve a grant from the trust income account.

7.         We support the option for the makeup of the Board as recommended by the Wyoming Wildlife Federation (page 7, lines 8-18), except as noted below.  This is a board of private sector individuals that would be selected by the Governor and confirmed by the Senate.  Applicants would be individuals who have a particular interest in this initiative rather than individuals who are already obligated to service on another board or commission.

            We recommend the following changes to the WWF proposed Board:

·        Removal of the position for the Game and Fish Department Director.  As this is a Board made up of lay citizens, the G&F Director should not be a sitting member of the Board.  It is anticipated that the Game and Fish Department will apply and compete for these funds on an equal basis with other applicants.  Having the Game and Fish Director as a Board member creates an inherent conflict of interest.  Also, it is anticipated that projects funded will be broader than those which are specific to the Game and Fish Department, so having one seat specific to that Department does not seem appropriate or fair. 

·        A big game specialist, fisheries specialist and non-game specialist should not be included in the Board.  These are professional individuals upon whom the Board can call for advice and recommendation.  They are not appropriate members of a lay board.

·        Include a representative of the mineral industry.  This representation is essential since many of the projects considered by the Board will address mitigation of impacts from mineral development.

·        Include a representative of local government to assure coordination with local political entities.

These recommendations will result in creation of a nine-member citizens Board.

8.         We support the recommendation of the Governor regarding the terms of the Board (page 7, lines 27-33) and recommend the following addition, “In selecting members to serve on the board, the Governor shall attempt to assure broad geographic diversity within the state.”

9.         We support the Governor’s recommendation for a secretary to the Board and for regular Board meetings.  However, we urge that the Board staff not be located within the Game & Fish office or any other state entity that is identified in the legislation as a potential applicant for funds so as not to create any perception that the work of the staff is prejudiced toward one of the qualified applicants.

            We further recommend that the legislature appropriate $100,000 for the first year of the program to fund staffing and per diem for the Board.  In subsequent years these expenditures would be met from the trust income account.

10.       We do not agree with the need for the detailed listing of the items which should be provided for in Rules and Regulations  and the authorizations regarding consultation as specified by the Governor (page 9, lines 1-12).   A statement authorizing and directing the Board to “adopt rules and regulations necessary to carry out the purposes of this act” is sufficient.  If further direction is deemed necessary, we would support the language provided by the WWF (page 9, lines 23-39.)

11.       We support the Governor’s language regarding an annual report (page 10, lines 6-11) provided that the Joint Agriculture, Public Lands and Water Resource Committee is added.  Many of the projects will likely overlap the land and water jurisdiction of this committee.

12.       On page 10, line 23, we ask that the word “shall” be changed to “may”.

13.       We support maintaining the W 4 language regarding eligible grantees and oppose the alternative language recommended by the Governor (page 11, lines 15-24) and the WWF (page 11, lines 26-32).

14.       We support the requirement for an annual audit to be provided to the governor and the legislative management council.

15.       We support the legislative finding (Section 2) as contained in the W 4 version.

16.       We urge that the appropriation provided for in Section 3 be from the general fund, not the budget reserve account.

17.       We support the July effective date as provided for in the W 4 version.