Administrative Rule Review Report  AR07-025

Legislative Service Office

11-Apr-07

AGENCY: Office of State Lands and Investments.

DATE SUBMITTED: April 11, 2007.

SUBJECT: Chapter 5, Special Use Lease.

NATURE OF RULES:                   Legislative, Procedural

STATUTORY AUTHORITY:        W.S. 36-2-107(a) and 36-5-114(d)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:

The Agency failed to provide notice, required by W.S. 16‑3‑103(a)(i)(G), whether the rules being adopted exceed minimum substantive state statutory requirements and, if so, why. 

The Agency failed to provide notice, required by W.S. 16‑3‑103(a)(i)(D), that the rules being adopted were new rules.  However, notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES:  These rules are being promulgated to address changes made by the Wyoming Legislature in 2004 Session Laws, Chapter 55.  More specifically:

Section 2(d) - includes industrial, commercial and recreational uses in the definition of "special use".

Section 5(a) - increases the term of the lease from 25 to 75 years.

Section 5(b) - describes procedures for the agency to address management goals and determine fair market value for the land.

Section 6(e) - provides for a legal description to be included for the special use lease.

Section 6(f) – provides for compliance with planning and zoning laws.

Section 14 – establishes bonding requirements for special use leases.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

Administrative Rule Review Report  AR07-025

Legislative Service Office

11-Apr-07

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Maxine R. Weaver

Staff Attorney

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Dan J. Pauli

Director

MRW/